Briefcas EMPLOYMENT
In this article , a BVNA member has offered to share their experience of making a constructive dismissal claim involving bullying . We hope the courage they have shown in sharing their experience will help others who find themselves in a similar situation . If you identify with any of the issues raised , please reach out to the BVNA Members Advisory Service ( BMAS ) for support and guidance . What follows is the member ' s personal recollections of their constructive dismissal claim .
“ I was extremely happy in my job and had been working in the practice for a number of years , as an RVN and then in an administrative role . At the time , I thought my line manager and I had a great working relationship . In the latter part of my employment by the practice , a new colleague joined the team . I was pushed out and eventually my employment became untenable . Looking back , all was not well as soon as they joined the team .
“ The issues were very subtle but , when one thing after another was taken away from me ( the accumulation of the issues listed below , and more ), it had an extremely detrimental effect on my mental and physical wellbeing .
• I was excluded from work events ; the new colleague attended instead .
• I was not involved in the interview process when we needed new staff ( I always had been in the past ).
• I was excluded when my line manager and the new colleague went for lunch – whereas , before , my line manager and I would frequently pop out for lunch or eat in the staff room together .
• The new colleague sent rude and threatening texts to my private phone .
• My line manager refused to follow up any of our one-to-one meetings , and none of my requests or ideas were taken into consideration . Verbally my line manager would say they were great , but nothing was ever put in writing , despite my numerous requests .
• My CPD request was disallowed , with excuses about insufficient money in the budget , yet the new colleague was allowed to attend CPD days , with travel and overnight stays covered .
“ After a few months of this and other inappropriate ( sexist ) behaviour , I had a mental breakdown . I would wake in the night , shaking and unable to go back to sleep , wondering what the next day would bring ; vomiting and crying ; sitting in front of the computer , disengaged and staring at the screen for hours .
“ I am very lucky and have an amazing best friend who happened to work in HR at the time . I had kept the issues to myself as she was going through a difficult time in her personal life so I didn ’ t want to burden her with my troubles . But , you know what it ' s like with best friends : they just know . She asked if I was all right and I assured her I was fine , but then she asked if I was really all right – and that ' s when the floodgates opened and it all came out .
“ My friend immediately took control , as I was broken and she recognised this . The next steps are a bit of a blur , due to my mental state at the time , but I remember that she put me in touch with a solicitor . I was allocated 30 minutes , free of charge , to tell them what had happened .
“ It was a professional but somewhat cold conversation – I felt very emotional , whereas the solicitor seemed as cool as a cucumber . They wrote down all the facts and , 2 hours later , I was sent a draft letter to approve . I read it and promptly broke down again . It was difficult reading the cold hard facts of what was a very personal experience .
“ The solicitor advised me that my circumstances fitted the term ‘ constructive dismissal ’. I didn ' t have a clue what this meant at the time . They suggested I look at the Advisory , Conciliation and Arbitration Service ( Acas ) website and , sure enough , my experience ticked every box . They sent the letter to my employer and the company accepted the claim . To this day , I feel so saddened that one individual and a weak line manager led to me having to pursue the claim .
“ I didn ' t ever think I would have to go down this path , but my advice to others facing a similar experience would be to communicate and try to find a resolution with your employer if at all possible . However , it is completely unacceptable to be bullied and made to feel worthless , and you don ' t have put up with it .”
For further information on constructive dismissal , scan the QR code or visit the Advisory , Conciliation and Arbitration Service ( Acas ) website : https :// www . acas . org . uk / dismissals / constructive-dismissal
For advice about this or any other employment matter , please contact BMAS at advisoryservice @ bvna . co . uk
Volume 38 ( 4 ) • August 2023
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