[quote=“… Sadly though, this kind of [zb]
goes on and it’s part of life. You just have to accept it and move on I’m afraid…”
I don’t agree at all that you just have to accept it. If more people had the balls to stand up to ‘workplace bullying’ we’d all be happier. If the gaffer has been guilty of any form of harassment then it’s only right that he is made accountable for his actions. Packing it in is maybe the easiest way of dealing with it but even if it is only on principle why should anyone succumb to these people (and that is very much from experience).
“There have been some places I’ve worked at and loved it but had an arse hole for a gaffer who’s just taken the urine so much that I’ve got fed up with it and left. On the flip side, there’s been a good number of places where my “I won’t take [zb] from anyone” stance has got peoples back up and I’ve literally been forced out …”
AS ABOVE . I reckon the art is in learning the psychology of these people and when you know as much of what they are about than they do themselves,and work to that, then life becomes much much easier. Unfortunately some other poor sod becomes the victim but Hey ! not your problem. However its easy to comment without knowing the whole story and if the guy wants the job done one way and you another then remember he’s the gaffer, and as the gaffer is accountable to his gaffer for balls-ups. If you don’t follow the party line in these situations then like it or not your usually in the wrong. Always remember 1st and foremost he’s covering his bum in all he says and does.
“Wharty, if it will make you feel better getting a few quid out of them for unfair dismissal then go for it…”
Having been there it’s usually not the case of just chasing a few quid. It normally comes down to feeling so strongly about something that you must do something about it . The ‘compensation’ usually isn’t commensurate with the degree of hassle and stress of having gone through legal channels eg ESAT , but the knowledge that you were proven right is exceptionally satisfying. Any payout does of course help.
My advice for what it’s worth Wharty is to speak to your Union if your a member of one. If you’re not a Union member speak to Citizens Advice who will give you very good but very basic and ‘across the board’ advice. If no Union you’d be well advised to consult a Solicitor involved in Employment Law (first interview free) and acting on his/her advice either instigate an ESAT hearing or forget it.
The first Hour of a Solicitor is usually free, afterwards you would be liable for his fees if not successful. If you are a Union Member a solicitor or CAB will refer you back to your Union. You can represent yourself at a cost of about £35 if I remember correctly.
Be prepared to have your work records revealed and questioned and that will be everything from your appearence to your timekeeping. Your situation will be compared to past tribunals and judgements, so every scrap of evidence will be necessary to dispel any allegation of ‘lacking’ against you. Basically it is you who is accusing them so it’s for you to prove your case, and remember, they are “innocent until proven guilty”. Whilst your ‘electronically recorded’ evidence is not admissible if recorded without his permission, it probably does contain allegation which would be bourne in mind so it might still be useful, as someone said though “if you can transcribe it” …but don’t make that too obvious. It is NOT an easy path Wharty but if you feel strongly enough about your situation read up as much as you can on the Internet about UNFAIR DISMISSAL , CONSTRUCTIVE DISMISSAL and INDUSTRIAL TRIBUNAL as you can absorb and go for it (You have to instigate a hearing within THREE Months of the incident ). And the best of Luck if you do.
For Future reference… Join a Union. At the first sign of discrimination of any kind keep a Diary (Union member or not). learn Psychology !!, just go to work and do what your told…if someone else told you to do it it’s their fault if it ■■■■■ up !! (not withstanding H&S Regs).
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