Disciplinary Procedure - Is it Better To Resign?
Discrimination

Constructive Dismissal, Harassment and Victimisation

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I was very happy to have helped this lovely lady after the appalling treatment she received from her employer.

My Client’s Story

My client had been employed by her company for 22 years. She regularly worked extra hours, took on more responsibility and went over and above for her employer. She did so, believing she was a respected and valued member of the team.

My client attended a Board Meeting late one evening on a cold winter night. There was nothing out of the ordinary. When the meeting ended, she said her goodbyes in the usual way and went to leave. In the event, her car wouldn’t start and she went back into the warmth of office to call for help.

In so doing, she passed the Boardroom where some of her colleagues, including the Managing Director, were still sitting. The door was open into the corridor and she overheard their conversation. Particularly, she them:

  • refer to her as “that stupid b****y woman”;
  • comment that she had put on weight and “gone off recently”;
  • indicate that they had planned to wait for her to leave before they started the “proper meeting”; and,
  • comment that they would “love to get rid of her” but where else would they find someone who would do “twice the work for half the pay”.

My client was in shock. She could not believe what she had heard. She had her phone in her hand and pressed record to obtain evidence of their conversation. She left it under a chair outside the Boardroom and went to call her husband from the office phone.

When her colleagues finished their meeting, they were surprised to find her in her office. She asked them what they had been doing after the meeting ended. They made non-committal noises and left.

My client collected her phone and listened to the recording whilst waiting for help with her car. As well as further derogatory comments, she heard about the plans for the Company: as well as plans for what she was to be told and what would actually be happening.

Over the next 24 hours, my client began to feel the full impact of what she had heard. She suffered a breakdown of her mental health and resigned. In her resignation, she explained the discriminatory comments she had overheard; that she considered she was being harassment; and, that she felt all trust with her employer was broken. In response, her employer stated that she had committed acts of misconduct. They threatened her with disciplinary action even though she was no longer an employee and a referral to her regulatory body.

How I Helped

It was after she had been threated that she contacted me. We went through her matter in detail, and I could see the impact this betrayal of her trust had had on her. We agreed a plan to move forward. 

I helped her by instigating ACAS Early Conciliation and then, initiating an Employment Tribunal claim for Constructive Dismissal, Harassment and Victimisation. In the event, matters were resolved very satisfactorily for my client as she settled long before a Final Hearing became necessary. She was delighted with the outcome, and I was very happy to have helped.

Lincs Law Employment Solicitors Can Help You

If you would like advice on your own situation, please contact us for a free enquiry on 01522 440512 and we’ll be happy to help.