Forum

constructed dismissal

wish me luck as i go into the breach.since being diagnosed my boss has moved the goal posts but not told me, so i keep getting told off.yesterday it was for reading behind the desk.this i was always told was ok and was even told to bring in a book or something to do as it’s a long day without one.There were only 2 sales yesterday.it is not a busy shop where you’re constantly serving customers.

on another occasion i got a call on a bank holiday at 9.30 saying i was late, where as for the past 10+yrs bank holidays were 11-4.

he says i can’t leave the shop for a break. i can take a break whenever just as long as its when no people are in and i dont leave the desk. my hours are 9.30 - 5.

the list goes on, days off are usually blocked or have to make up time. during 6 week school hols i asked for sun, mon and tues off at the end of the hols, (he was away and his kids birthdays during the other weeks) was told i could have sun and tues but not the monday so that prevented me being able to get away with my daughter for a few days break.

there is a real shortage of work around here

i was told i look crap and ther are at least 2 people every week who would be more suitable.

self esteem plummeted.

just can’t face today:(

i also posted previously about disabled access to the shop. we have non and i’m the one who gets it in the neck when a wheel chair user can’t get in. the amount of times i’m told that abled bodied people like me, are ignorant and never consider what its like to be disabled.the main of my problems are in my hands, i should use a stick more often as i can’t walk straight but i only use one when i’m really tired.last summer i was pretty much walking round furniture to help me so i really do know and think about what its like. my boss hasn’t got a ramp as yet!

sorry for the long rant

sorry i’m going to post anon cos he’d sack me if he knew i was talking about this

hi anon

you should seek advice on this. probably havent got a union because they seem to have bitten the dust.

try CAB and ask how you stand legally.

your boss sounds charming (not)

he/she seems to have no regard for the disability discrimination act

employment law is a bit complicated but CAB should be able to direct you to someone who knows

good luck

carole x

I’m not really sure what your desired outcome is. (Beyond sending your boss into outer space) Are you afraid of dismissal? Your boss has to have very definite reasons for sacking you and go through the correct procedure of written warnings etc. There are only a few reasons that allow summery dismissal (On the spot) and complaining in a forum isn’t one of them. Nor is “looking crap and more suitable applicants queuing up for your job” Dismissal is to do with a person’s inability to do the job not the fact that the grass might be greener with someone else.

Carole is spot on suggesting you go to CAB. They will help you to raise a grievance. This is a formal way of letting your employer know that all is not rosy in the garden. A grievance must be responded to and is a good way to open a serious debate about working conditions/hours etc. It also puts you in the driving seat a bit. Instead of him telling you what is wrong you get the chance to tell him.

Don’t be despondent your boss sounds like a bully but employment law is there to protect you.

Jane

I don’t know if it’s on the statute books yet but I believe this lovely Government were talking about making people pay for making a ‘grievence accusation’ to go to tribunal.

If so I recommend you contact http://www.equalityhumanrights.com/ who will give you good advice and if there are costs perhaps cover them?

Sorry for anon; nothing to do with this site.

Hey Anon

There 2 things in play, constructive dismissal and failure to adhrere to The Equality Act. As he is treating like this it could be viewed that is trying to force you to resign (constructive dismissal) and by not allowing breaks not only is he actually breaking the law as by rights you are entitled to breaks when you are working.

Secondly, he has failed to make necessary adjustments under the Equality Act as all businesses are supposed to. If his aware of the fact that you have MS then I am afraid ignorance is now excuse. I stopped working in 2008 due to an employer who saw the fact that I had MS as an inconvenience as tried to get rid of, but I left after moving away before the amtter could be resolved fully.

Maybe it worth pointing out to him these subjects tha tI have raised or provide him with copies from the internet concerning his responsibilities as an employer. It may give him the kick up the arse he actually needs, if it doesn’t and he still carries on doing what is he doing then I am afraid that your only port of call will be CAB.

Andy

Hi

Instead of CAB, may I suggest contacting the Emplyment Advicory Support Service (EASS).

You can contact them on:

EASS helpline
Telephone: 0808 800 0082

They may be a better source of advice. The website gov.uk if also useful for advice.

https://www.gov.uk/discrimination-your-rights

All the best

Neil

Hello, your boss sounds a real sixpence! There is a lot of good advice here already but it may also be worth checking with this web site and your local MS branch, especially if it involves getting professional legal advice and support. Best wishes, Steve.