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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68177
Experience:  Qualified Employment Solicitor
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I have had a terrible year last year with my manager, she is

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I have had a terrible year last year with my manager, she is new to management and feeling the power. She has picked on me for absolutely everything from Sick leave, Flexi and other issues. I have to attend a Disciplinary Hearing because of this and I would like to know if I have the right to ask for another manager so I can have a fresh start.
JA: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: Yes I have with GMB Union but because I joined them after this issue, they say they cannot represent me. I was originally with Unison and because they did not even bother to attend the Investigation Meeting, I had no choice but to represent myself. I have to attend a disciplinary hearing on 22/1/2020, was supposed to be on 15/1/2020 which again I will have to represent myself.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a BCP Council employee, full time with a permanent contract, have been in my post 3 years now.I belong to GMB Union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I believe tha My manager is too friendly with certain colleagues that are part of a click

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What do you specifically want to know about this, please?

Customer: replied 6 months ago.
I would like to know if I can ask to change my manager after the disciplinary hearing which is on 22/1/2020. I have been told that I will keep my job but more than likely will be given a written warning. However my life has been a complete nightmare with this new manager since the beginning of last year and it feels that I have been picked on constantly and it has been one thing after another. It doesn't help that this manager is far too friendly with certain members of our team that report to her issues that they have regarding colleagues that they don't like and she actually listens to them! I personally believe that is why I have been subjected to this Disciplinary process.
Customer: replied 6 months ago.
I do not have the money to phone you

Thank you. How long have you worked there for?

Customer: replied 6 months ago.
3 years

Ok thanks. You can certainly ask the employer for your manager to be changed or for you to be moved to work under a different manager, but just be aware that the employer cannot be forced to implement this. In that case, assuming you continue working for this manager and the issues persist, then eventually this could potentially amount to constructive dismissal, which occurs when the following two elements are present:

· Serious breach of contract by the employer; and

· An acceptance of that breach by the employee, who resigns in response to it.

Whilst the alleged breach could be a breach of a specific contractual term, it is also common for a breach to occur when the implied term of trust and confidence has been broken. This is a term which automatically exists in every employment relationship. The conduct relied on could be a serious single act, or a series of less serious, but still relevant, acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

Before constructive dismissal is considered, it is recommended that a formal grievance is raised in order to officially bring the concerns to the employer's attention and give them an opportunity to try and resolve them.

If resignation appears to be the only option going forward, it must be done in response to the alleged breach(es) (i.e. without unreasonable delay after they have occurred). Whilst not strictly required, a resignation would normally be with immediate effect and without serving any notice period. It is also advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.

Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service with the employer. There is a time limit of 3 months from the date of termination of employment to submit a claim in the employment tribunal.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Does this answer your query?

Customer: replied 6 months ago.
it does, thank you very much Ben for your guidance, really appreciated.

All the best

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Ben, can I contact you in future if I need to?

yes of course, just start a new question requesting me

Customer: replied 6 months ago.
Thank you Ben

Most welcome

Customer: replied 6 months ago.
Just one last question Ben, do I ask HR to allocate me a different manager?

you can do and if they are not the ones to be able to facilitate that, they should at least forward it on or point you in the right direction

Customer: replied 6 months ago.
Ben, can I ask for a different manager before my Disciplinary hearing so I can make a fresh start, or would that go against me at the hearing?

If you have already experienced issues then you can still ask for that before the hearing and mention it again at the hearing if needed