Career Advice
My manager made my working life a living nightmare: Ask the expert
The treatment you have received from your manager over the last 18 months is likely to be sufficient for you to successfully argue that there has been a breakdown in the implied duty of trust and confidence which exists between every employer and employee.
This means that you could resign, with immediate effect, from your job and bring a claim for constructive unfair dismissal against your employer. Comments made by Occupational Health would support you with your claim. However, in order to put yourself in the best position, before bringing any claim, you should lodge a formal grievance in respect of the treatment that you have received from your Manager, giving details as set out in your email to Working Mums.
You need to set our your grievance in writing to your Manager's immediate boss or to your employer's HR department. The company should then arrange a meeting with you to discuss your grievance and will then make a decision as to whether or not they uphold your grievance. If they do uphold your grievance, then they should put in place steps to resolve the issues. If you do not agree with the decision that they make pursuant to a grievance meeting, then you can appeal against the decision and you can also then consider filing a claim for constructive unfair dismissal at the employment tribunal.
You need to decide what you ultimately hope to achieve:- a) Do you wish to resolve this matter with your employer and remain an employee? If so,setting out a formal grievance is the best way to proceed.
b) If you wish to resign and bring a claim for constructive dismissal because you have decided that you cannot continue working for your employer, given that it isaffecting your health etc, then my advice is to still lodge a formal grievance and then obtain legal advice as to the best time to resign and bring a claim for constructive dismissal at the tribunal.
c) A final option is for you to instruct a solicitor to send a without prejudice letter to your employer, seeking a termination package, on your behalf.
Please contact me on 0161 975 3823 in order to discuss your options further.
Tracey Guest is head of employment and a partner at Slater Heelis in Manchester.
Whilst every care has been taken in compiling this answer, WorkingMums cannot be held responsible for any errors or omissions. This information is not intended to be a substitute for specific legal advice.
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