Employment Query... : Tue Jun 11, 2013 5:17 pm  

Quick question: a 'friend' is having a nightmare at work and it's definitely time to move on after 8 years.

As a quick background, he is being stitched up. A manager authorised something minor, but something that by the very strictest letter probably shouldn't really have been permitted. My friend didn't ask for it or submit it - the manager did all that following a discussion between the two.

Now his line manager has got hold of it and is like a dog with a bone, citing misconduct, fraud, etc. He was called into a disciplinary and grilled for hours, despite the only actual evidence being in his favour - that being an email and letter from the other manager authorising the mildly naughty incident. He took an independent witness in who felt there was generally no case to answer. He's not seen eye to eye with his boss for a few years but stuck it out for the sake of stability.

The disciplinary is still hanging over him over a week later and he's just been told it'll be at least another week. His workload is increasing and his line manager is bombarding him with crap in a less than friendly tone. He's finding things very hard and isn't sleeping. With a new baby in the house he has enough to deal with and wants a stable job.

Leaving the fine details aside, the short & curly is that he wants to leave and is applying for jobs elsewhere. He could sign off with stress or hand in his notice (1 month without a job to go to yet), or tell them he is looking for another job. Not a union member and not interested in tribunals, etc - just wants to go asap.

So - the question is, what would be the best course of action? Sign off, resign, or simply advise his manager and HR that he accepts it is time to move on and is actively looking elsewhere, and expects to be leaving within a couple of months? Could that affect the outcome of the pending disciplinary?

Re: Employment Query... : Tue Jun 11, 2013 7:48 pm  

Consider constructive dismissal – but most of all, get some serious legal advice on the issue, and make sure he has every bit of evidence safe that he can get.

Re: Employment Query... : Tue Jun 11, 2013 9:23 pm  

Is not possible to go over the heads of the two managers and present the evidence that the manager is apparently responsible and point out the apparent unfair treatment?

Re: Employment Query... : Tue Jun 11, 2013 9:46 pm  

Hopefully he's in a trade union...if so he can get some free expert advice. If he's not then maybe he should consider joining one.
Best of luck to him.

Re: Employment Query... : Wed Jun 12, 2013 9:44 am  

the exile wrote:

Hopefully he's in a trade union...if so he can get some free expert advice. If he's not then maybe he should consider joining one...

Absolutely.

Get in one and they should be able to help. They'll have lawyers who really know their stuff on employment law etc.

[Wanderer]

Re: Employment Query... : Wed Jun 12, 2013 11:26 am  

the exile wrote:

Hopefully he's in a trade union...if so he can get some free expert advice.

Unfortunately not, the OP states that the the person concerned isn't a union member.

[Wanderer]

Re: Employment Query... : Wed Jun 12, 2013 11:29 am  

Mintball wrote:

Consider constructive dismissal – but most of all, get some serious legal advice on the issue, and make sure he has every bit of evidence safe that he can get.

I for one would agree with the above ... Constructive Dismissal (based on what we've been told) could well be the way to go ... as you add though, legal advice on the issue would be a must and gather / secure all available evidence.

Re: Employment Query... : Thu Jun 13, 2013 1:07 pm  

Wanderer wrote:

I for one would agree with the above ... Constructive Dismissal (based on what we've been told) could well be the way to go ... as you add though, legal advice on the issue would be a must and gather / secure all available evidence.

Although 'your friend' does not want to go to the Employment Tribunal, the 'U' word is being banded about on this thread, along with 'Constructive Dismissal'.

It would be a brave lawyer to advise a client to resign and claim Constructive Dismissal. 95% of Constructive Dismissal claims fail. (And, in order to have a chance of claiming it, you have to resign pretty much immediately after the offending act/acts.)

From my experience union legal advice is, generally, not good. The member is typically referred to their union rep who will not be a solicitor or barrister. (S)he will offer some basic advice, which will be hit or miss depending on how good the union rep is and how much they know about employment law. Some of these people know next to nothing and are embarrassingly bad. Likewise, some are good and will fight your corner as if it is their own.

The case may get referred to the union's solicitor, who will look at it and probably ditch it unless they feel that there is a significantly greater than 50% chance of winning in the employment tribunal.

If you think there is a genuine prospect of an employment tribunal claim, go and see a specialist employment law solicitor and use them as a sounding board. You could even 'advice shop' (go and see several solicitors and then instruct the one you feel happiest with).

Do not pay any money for an initial consultation. Most will investigate the merit of your claim free of charge, because they will want you as a client if it is a good one.

If they think it is good they should offer to take it on a contingency fee basis - i.e. they take a percentage of whatever you win. This should be no more than 35%+VAT.

The legal market is incredibly competitive - and they will fight to attract clients with good claims. Don't feel pressured to instructing the first solicitor you speak with.

Also, be wary of anyone holding themselves out as employment law consultants offering to represent you in the employment tribunal. Most of these people are not qualified and practising solicitors or barristers for a reason - they are shockingly bad.

Re: Employment Query... : Thu Jun 13, 2013 2:23 pm  

If your friend wants a link, then Thompsons are very good. They are employment law specialists and do a great deal for trade union members, winning some substantial payouts.

If your friend wants a link, then Thompsons are very good. They are employment law specialists and do a great deal for trade union members, winning some substantial payouts.

Re: Employment Query... : Thu Jun 13, 2013 4:10 pm  

Mintball wrote: If your friend wants a link, then Thompsons are very good. They are employment law specialists and do a great deal for trade union members, winning some substantial payouts. They do not seem to headline the required service on that link. Video Ref seems to have hit the nal on the head if a legal route is needed. If its just an **** of a low-grade manager I still think going over their head (in an non-aggressive way) with the facts could work. May be worth a try before going legalistic? Once the legal route is entered into the friend will be finished in the job anyhow and would find it difficult to get other jobs if word got around.

Mintball wrote: If your friend wants a link, then Thompsons are very good. They are employment law specialists and do a great deal for trade union members, winning some substantial payouts. They do not seem to headline the required service on that link. Video Ref seems to have hit the nal on the head if a legal route is needed. If its just an **** of a low-grade manager I still think going over their head (in an non-aggressive way) with the facts could work. May be worth a try before going legalistic? Once the legal route is entered into the friend will be finished in the job anyhow and would find it difficult to get other jobs if word got around.