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Route to constructive dismissal

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Blue29
Posts: 223
Joined: 22 Jun 2011, 10:24
Gender: Male

Route to constructive dismissal

Post by Blue29 »

It might be useful to myself and others to know of the procedure for presenting a constructive dismissal case. I expect to be leaving this coming week following a direct instruction from above this past week. Where would I take my case to? Does anyone know of an outline of stages? As for winning the case, I have no hope since I am aware of the particular culture of RM but I want to do myself justice - I've nothing to hide.

Thanks for any info.
hantsman
EX ROYAL MAIL
Posts: 876
Joined: 14 Jul 2009, 09:33
Gender: Male

Re: Route to constructive dismissal

Post by hantsman »

Blue29 wrote:It might be useful to myself and others to know of the procedure for presenting a constructive dismissal case. I expect to be leaving this coming week following a direct instruction from above this past week. Where would I take my case to? Does anyone know of an outline of stages? As for winning the case, I have no hope since I am aware of the particular culture of RM but I want to do myself justice - I've nothing to hide.

Thanks for any info.
Im not sure what your asking?

Constructive dismissal cases are very difficult to win.

You file a case at an Employment tribunal, google it.
keithposty
Posts: 918
Joined: 22 Feb 2011, 11:44
Gender: Male

Re: Route to constructive dismissal

Post by keithposty »

only 3 % of constructive dismissal cases are won at a tribunal

please elaborate
General Mannerheim
EX ROYAL MAIL
Posts: 2299
Joined: 14 Dec 2007, 13:10
Gender: Male
Location: Stalag 17

Re: Route to constructive dismissal

Post by General Mannerheim »

Blue29 wrote:It might be useful to myself and others to know of the procedure for presenting a constructive dismissal case. I expect to be leaving this coming week following a direct instruction from above this past week. Where would I take my case to? Does anyone know of an outline of stages? As for winning the case, I have no hope since I am aware of the particular culture of RM but I want to do myself justice - I've nothing to hide.

Thanks for any info.
When you say you will be expecting to leave this week following a direct instruction from above are you saying you expect to be dismissed or do you mean you are resigning?
Royal Mail managers.....about as popular as a t.urd in a swimming pool!
The DDA/Equality Act demands action,NOT words......adjustments NOT Occupational Health referrals.Case No:2505901/09
Royal Mail is an Equal Opportunities Employer..It discriminates against everybody.
steven100
Posts: 1391
Joined: 09 Aug 2009, 12:35
Gender: Male

Re: Route to constructive dismissal

Post by steven100 »

Is it God who is making the instruction?
General Mannerheim
EX ROYAL MAIL
Posts: 2299
Joined: 14 Dec 2007, 13:10
Gender: Male
Location: Stalag 17

Re: Route to constructive dismissal

Post by General Mannerheim »

steven100 wrote:Is it God who is making the instruction?
No just one manager who likes to think he is! :roll:
Royal Mail managers.....about as popular as a t.urd in a swimming pool!
The DDA/Equality Act demands action,NOT words......adjustments NOT Occupational Health referrals.Case No:2505901/09
Royal Mail is an Equal Opportunities Employer..It discriminates against everybody.
minimumstandard
Posts: 134
Joined: 28 Jul 2010, 12:17
Gender: Male

Re: Route to constructive dismissal

Post by minimumstandard »

simple no win no fee solicitor you have nothing to lose
Blue29
Posts: 223
Joined: 22 Jun 2011, 10:24
Gender: Male

Re: Route to constructive dismissal

Post by Blue29 »

thanks for replies. Kept things undescriptive for obvious purposes. Basically wanting to know how you get from being forced out of a job to taking action against it. I have two options now so that's good. 3% isn't good.
dvbuk55
EX ROYAL MAIL
Posts: 16650
Joined: 02 Jun 2007, 19:17
Gender: Male

Re: Route to constructive dismissal

Post by dvbuk55 »

It would help to know why you feel you are being forced out. As previously stated it would be very difficult to fight a constructive dismissal case as opposed to being dismissed.
NWpostie
Posts: 3620
Joined: 04 Aug 2007, 17:32
Gender: Male
Location: Sector 001 Borg Collective, 6 o f 9

Re: Route to constructive dismissal

Post by NWpostie »

Don't resign ever regardless of what anyone is saying, its YOUR job not anyone elses, you need the money, just do the job EXACTLY as per spec, you will soon enjoy seeing him getting worked up trying to make you work hard, just chill and smile that will throw him.

I have had similar bosses trying to intimidate me and make sweat, putting pressure on me, I just reverted to working the official way as per their spec, took my breaks, prepped at a normal pace, not let anything get to me, I basically just plodded on, I actually felt better for it, I just didn't care anymore, I just come in on the dot, take my pay, do the work and fvcked off home, forget work and live my life :Very Happy
Six of Nine loves Seven of Nine, together in Electric Dreams.
Blue29
Posts: 223
Joined: 22 Jun 2011, 10:24
Gender: Male

Re: Route to constructive dismissal

Post by Blue29 »

NWpostie wrote:Don't resign ever regardless of what anyone is saying, its YOUR job not anyone elses, you need the money, just do the job EXACTLY as per spec, you will soon enjoy seeing him getting worked up trying to make you work hard, just chill and smile that will throw him.

I have had similar bosses trying to intimidate me and make sweat, putting pressure on me, I just reverted to working the official way as per their spec, took my breaks, prepped at a normal pace, not let anything get to me, I basically just plodded on, I actually felt better for it, I just didn't care anymore, I just come in on the dot, take my pay, do the work and fvcked off home, forget work and live my life :Very Happy

Thanks and to others above too. I appreciate what you are saying and agree with you. Working properly does take some of the stress out of it. But I've been working properly and that is part of the trouble - they can't handle that. As for leaving work at work that's all well and good but not possible as days off are shifted, weekends arranged then taken away, annual leave not given - even single days asked for 6 months in advance are not possible (no joke), every bank holiday becomes a scheduled day off anyway, blah blah blah.

I realised that many leave by just walking out, therefore getting the sack. The reason for this is the amount of bullshit anticipated when the notice is handed in. The whole thing is intimidation and therefore this constructive dismissal question on behalf of others and myself.
flaminmoses
EX ROYAL MAIL
Posts: 819
Joined: 05 Jul 2009, 14:17
Gender: Male

Re: Route to constructive dismissal

Post by flaminmoses »

Speak to the union before deciding anything

Going down the constructive dismissal route they will just close ranks and you will more than likely need evidence that what they were doing is against their rules

I can imagine why only 3% win CD cases and its more than likely they have some kind of recorded evidence
NWpostie
Posts: 3620
Joined: 04 Aug 2007, 17:32
Gender: Male
Location: Sector 001 Borg Collective, 6 o f 9

Re: Route to constructive dismissal

Post by NWpostie »

flaminmoses wrote:Speak to the union before deciding anything

Going down the constructive dismissal route they will just close ranks and you will more than likely need evidence that what they were doing is against their rules

I can imagine why only 3% win CD cases and its more than likely they have some kind of recorded evidence

I have just the thing,

http://www.kgbcameras.co.uk/cameras/hiddencamera.htm" onclick="window.open(this.href);return false;

https://www.google.co.uk/search?q=butto ... 02&bih=944" onclick="window.open(this.href);return false;

Button holes cameras can be brought little money and can be very destructive to a managers career :Very Happy

If not for CD, it can be used in disciplinary hearings, once they have twigged that you have such device tho, they will either be scared or watch what they are saying, I don't think it is illegal to have one on your person as you need for "difficult Customers" ;liar preventing things from escalating is far better than having to go to a tribunal.

I have one myself, I brought it from Maplins, there are other retailers that will sell them as well, check the resolution and microphone quality before buying, there reviews about on the internet.
Six of Nine loves Seven of Nine, together in Electric Dreams.
flaminmoses
EX ROYAL MAIL
Posts: 819
Joined: 05 Jul 2009, 14:17
Gender: Male

Re: Route to constructive dismissal

Post by flaminmoses »

Flyonthewall r good
Got a device for,my car
walkertom
Posts: 52
Joined: 02 Mar 2011, 09:19
Gender: Male
Location: The Wild West

Re: Route to constructive dismissal

Post by walkertom »

Hi there,

I'd be careful about using cameras for recording customers. I've never heard Royal Mail recommending that for dealing with problem customers.
Ambulance crew sacked after they are attacked by patient
Jun 10 2011 by Lisa Boyle, Ayrshire Post (main ed)

A TEAM of paramedics were sacked after THEY were attacked by a violent patient.
Robert Kidd and his partner Julie Hose were left with broken bones following the assault in the back of their ambulance.

The shock sacking came because Robert took a nine second recording of Marie Bennett’s torrent of verbal and physical abuse, thinking it would stop them getting into trouble with bosses.
The same goes for using cameras to record your manager. I've heard audio recordings would be acceptable in some circumstances, but try to get some advice before using the recording.