Guest Posted July 15, 2010 Share Posted July 15, 2010 I don't want the job back but I do want them given a good thrashing. But what would the outcome be if I got a solicitor involved? Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted July 15, 2010 Share Posted July 15, 2010 I don't want the job back but I do want them given a good thrashing. But what would the outcome be if I got a solicitor involved? Don't solicitors offer a free half hour consultation? Perhaps you should go along and see what s/he says? It might be nice for the committee to acknowledge that they have treated you badly (and I wonder whether your replacement has considered how she might be treated in the future on the basis of what goes round comes round), and to recognise that their employment practices fall far short of what might reasonably be expected of any other employer. It really depends how you're feeling, P3. If you're still burning with indignation then I'd say go for it, however if you've come to terms with what has happened then I might be more tempted to advise you to put it all behind you. However, I think in either case it wouldn't do any harm to investigate your options. And if the committee have a few sleepless nights thinking they are going to be taken to an industrial tribunal, then that might be 'revenge' in itself! Maz Quote Link to comment Share on other sites More sharing options...
Upsy Daisy Posted July 15, 2010 Share Posted July 15, 2010 My hubby was treated very badly by his employers and saw a solicitor for a free consultation about constructive dismissal. He was told he had excellent grounds and could virtually guarantee winning. However he was also told the process he would have to go through and the probable level of compensation he would receive. In the end he decided that the money didn't justify the heartache and decided to leave it. You could of course just pay for the solicitor to write them letter telling them you intend to take them to a tribunal just for the satisfaction of putting the wind up them and then take it no further. Quote Link to comment Share on other sites More sharing options...
Panders Posted July 15, 2010 Share Posted July 15, 2010 Hmm Peeps! Have they paid you all your outstanding wages? I would give them a good chance to do that before going any further down the legal line. I would also tell the most gossipy person either parent or staff member that you have considered your position regarding constructive dismissal and a solicitor thinks they have a case to answer - that might be revenge enough - as Maz has said a few sleepless nights wouldn't go amiss for some of these people. I take it the new supervisor must be a good buddy of the Chairperson and that is how this has all been worked through so quickly - those that live by the sword, usually die by it as well, so at some point perhaps these two will fall foul. Quote Link to comment Share on other sites More sharing options...
Fredbear Posted July 15, 2010 Share Posted July 15, 2010 Firstly Maz you always say the most appropriate things. Hi P3 If you think revenge is justworthy then go and get free advice, equally if you wish to move on in your home, and career, good riddance to bad eggs i'd say. How did you get on last night ? :wacko: Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted July 15, 2010 Share Posted July 15, 2010 I'm sure for P3 it isn't about revenge at all. Years ago when I worked for our local health authority I did a bit of part-time work typing up a student's dissertation. It was all about why people sue the authority when something goes wrong. An overwhelming majority stated from the beginning that they felt they had no alternative to sue because when they asked questions about what had happened, they were fobbed off. The actual amount of compensation gained was usually quite small - what was important was the acknowledgement that the Authority had failed in their duty of care, and the apology that inevitably followed. Sometimes it is hard to let go of the principle of the thing - and a burning sense of injustice can take some time to go away! Whatever you decide to do, we'll be there right behind you, P3 Maz. Quote Link to comment Share on other sites More sharing options...
Guest Posted July 15, 2010 Share Posted July 15, 2010 I change my mind every half an hour! Two things bothering me - what the committee did to me and what our advisors didn't do. I may just get advice. Quote Link to comment Share on other sites More sharing options...
Rea Posted July 15, 2010 Share Posted July 15, 2010 Employment solicitors can be really helpful. My dad saw one years ago when the company he worked for was bought out by another and they saw fit to declare the 30 odd years my dad had worked there counted for nothing and he was starting from day one with the new company, something that would affect pensions or redundancy. The solicitor got dad reinstated on his original pay and conditions with very little fuss. Its always worth finding out what your options are before you decide one way or another. I'd be very tempted to go the gossip route after really talking to a solicitor. If you're moving house maybe your solicitor knows one who could give good free advice. Quote Link to comment Share on other sites More sharing options...
Panders Posted July 15, 2010 Share Posted July 15, 2010 I would also tell the most gossipy person either parent or staff member that you have considered your position regarding constructive dismissal and a solicitor thinks they have a case to answer - that might be revenge enough - as Maz has said a few sleepless nights wouldn't go amiss for some of these people. Sorry Maz! didn't mean revenge in the true nasty sense - just putting the wind up 'em a little! Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted July 15, 2010 Share Posted July 15, 2010 Sorry Maz! didn't mean revenge in the true nasty sense - just putting the wind up 'em a little! No need to apologise - I knew just what you meant! And if ever there was a group of people who need the wind putting up 'em, Its P3's ex-committee! Maz Quote Link to comment Share on other sites More sharing options...
Rea Posted July 15, 2010 Share Posted July 15, 2010 I don't want the job back but I do want them given a good thrashing. But what would the outcome be if I got a solicitor involved? Would an apololgy be helpful? Do you need to have a final say of words, in your position I'd feel like screaming at the injustice. To go without a fight would make me always question whether they were thinking they were right all along. I think I'd have to do something to wipe the smug smiles off their faces. You could also spread some gossip that you are so happy now the burden has been lifted, all that work for such little recognition and no more challenging egos to work with. Change your make up and hair colour, look younger and less stressed and totally happy. Quote Link to comment Share on other sites More sharing options...
Guest Posted July 15, 2010 Share Posted July 15, 2010 Hmmm, I always fancied electric blue hair..... Well I got the letter today (hand delivered, how dare she walk on my property!) confirming their 'reluctant' acceptance of my resignation. They 'wish me all the best' and 'I can always contact them for a reference' HA! No sign of any money! Yes, I thought about writing them a final letter as I never did put in a grievance about my grievance. Perhaps that will just do. Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted July 15, 2010 Share Posted July 15, 2010 Yes, I thought about writing them a final letter as I never did put in a grievance about my grievance. Perhaps that will just do. hmmm. I think if it were me, I would at least want to put forward my side of the argument, and get my grievances off my chese. I would write them a letter saying how difficult the decision to resign had been, and then state the reasons why ultimately I felt I had no choice but to resign. I would then go over the whole sorry episode from start to finish. I would also point out that since I had been willing to work my notice period, pay is due until the end of the notice period, and that holiday pay would be accruing until that date also. I would then make a final statement that I now need to spend some time considering my options, including seeking legal advice about how to seek redress for my employment rights being disregarded in such a flagrant fashion. The problem with doing nothing is that you might be left with unresolved feelings of resentment and these negative emotions can overwhelm you and make you unwell. The trick is to find a constructive way to draw a line underneath the whole sorry episode with your self-esteem and professionalism intact. You are such a better person than the lot of these people put together, P3 so whatever you decide to do, be true to yourself! Maz Quote Link to comment Share on other sites More sharing options...
Cait Posted July 15, 2010 Share Posted July 15, 2010 well said! Quote Link to comment Share on other sites More sharing options...
Sue R Posted July 15, 2010 Share Posted July 15, 2010 Actually, I'm thinking more now about my current position, reading all this.... if I hadn't been so embroiled with Degree then ECERS rescore I might have picked up on this earlier and reacted differently to something recently...... As usual you lovely people are a fantastic help and support, sometimes even unknowingly. Food for thought!! Quote Link to comment Share on other sites More sharing options...
Guest Posted July 15, 2010 Share Posted July 15, 2010 (edited) PPP, you already know that you're in the right and that they have blatantly disregarded laid down procedures - would it bring you a sense of comfort and finality to have it on record? My claim for constructive dismissal was settled (out of court) within weeks, with only 1 visit to a solicitor but I did have support from the Staff Association rep. Yes, the money was nice (and allowed me to work less hours while my daughter was tiny) but nicer still was the sense that what had happened HAD been unfair, I DID deserve better after 14 years service and that this had been recognised and acknowledged. Employment laws are there to prevent people being treated as you have been. Even if you decide not to pursue a claim at least the situation will be on record somewhere and who knows when that information may be needed. Half an hour of free advice from a local solicitor may help you decide what you want to do - personally I'd say go for it, just to make the committee sweat I hate workplace bullies!!! Nona Edited July 15, 2010 by Guest Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted July 15, 2010 Share Posted July 15, 2010 It is a shame you can't complain to Ofsted about issues like these - maybe if employers thought employees could go to Ofsted with their grievances and it would be on their record they might treat people more equitably. Maz Quote Link to comment Share on other sites More sharing options...
Upsy Daisy Posted July 15, 2010 Share Posted July 15, 2010 It is a shame you can't complain to Ofsted about issues like these - maybe if employers thought employees could go to Ofsted with their grievances and it would be on their record they might treat people more equitably. Maz Well I do happen to know that they are currently considering it so if you wanted to write and tell them now could be a good time. Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted July 15, 2010 Share Posted July 15, 2010 Well I do happen to know that they are currently considering it so if you wanted to write and tell them now could be a good time. How do you happen to know this then, Upsy Daisy? What a well connected person you are! I wouldn't wish a complaint to Ofsted on anyone, it is extremely stressful for everyone but especially the person in charge. However it does seem to me that people who work for committee-run groups need someone to look out for their rights - makes joining a union all the more attractive, I think. Except of course that we earn little enough as it is, and even though I'm not sure how much union subs cost it is something else to find out of the monthly wage. Maz Quote Link to comment Share on other sites More sharing options...
Upsy Daisy Posted July 15, 2010 Share Posted July 15, 2010 How do you happen to know this then, Upsy Daisy? What a well connected person you are! Maz I was consulted, as a parent rather than a practitioner. It wasn't a role I gave high priority to when I answered. Quote Link to comment Share on other sites More sharing options...
Guest Posted July 16, 2010 Share Posted July 16, 2010 From what you've outlined in previous posts, you probably have a good case for constructive dismissal. But ... before you do, think carefully about who it will impact. If this is a charity run setting, your claim could take money away from the children it serves. Although it would be good to show them what they have done wrong, and it would probably give you a sense of gaining justice, do you think a few years down the line you might feel bad about potentially forcing the setting to close, which could happen if they are deemed liable? It's a tricky one, and as chair of a committee I have to say that our job is definitely not easy, we might not be perfect all the time but we are giving of our time and commitment completely for free. I'm certainly not an employment expert and I'm sure I have made various mistakes over the past year and a bit. That is not to say that it is okay for your committee to ride rough shod over your rights, but just that it certainly ain't easy for us either. Good luck, whatever you decide. Quote Link to comment Share on other sites More sharing options...
redjayne Posted July 16, 2010 Share Posted July 16, 2010 There was an article in this weeks Nursery World about OFSTED beinng informed/involved in cases where a person who whistleblows and there is an industrial tribunal , due to changes in legislation - may be worth accessing a copy or picking one up. It made interesting reading both from the employer and employee angle. Quote Link to comment Share on other sites More sharing options...
redjayne Posted July 16, 2010 Share Posted July 16, 2010 Have just discovered you can sign up for a free 14 day trial for Nursery World online - and can read the article mentioned - it's in the management section Work matters: Policy Q&A: Whistle blowing - Employment tribunals may involve Ofsted Hope this helps Quote Link to comment Share on other sites More sharing options...
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