A Plea For Help For A Friend

[skonk]

A friend of my girlfriend's has been unemployed for about 6 months now. She left her job of her own accord, due to these circumstances. She was getting bullied by the manageress, with instances like, screaming and shouting at her, telling her she was useless in front of customers and staff. Taking her into the office for little chats about why has she put on facebook that she hates work!! Also, the manageress was very friendly with a male member of staff, but he wasn't interested in her, as he was gay, and she was convinced he liked her!! The manageress roared at her on shop floor that how dare she go out to nightclubs with him!! She would also make her work 15 hour shifts, then be in at 7am the next day, blatantly defying the 11 hour rest rule.

 

As you can see, this manageress has no people skills. The friend of ours ended up having to go to hospital and it turned out that she was epileptic, and when she phoned work to tell them, the manageress said, basically, tough. When you come back in, you're getting another disciplinary for being off. Our friend didn't agree with this, and basically had enough of the bullying, so she handed her notice in. I must also point out that she did raise the issue of bullying with the Area manager, but he is a close friend of the managaress and laughed when she told him, and said leave it with me. of course, brushed under the table.

 

Anyway, our friend has had her benefits stopped, as they said the manageress denied everything and she had no evidence. Our friend explained that she could get 2 former employees to back her up about the bullying. One lad even handed his notice in on the shop floor and told her he was leaving cause she is a bully.

 

Our friend hasn't bought gas for the house for three weeks now, as she has totally no money to live off. The benefits will give her nothing. She has a bank loan and they want payment, she can't afford to eat and heat her home and lives off hand outs, and she really has no idea what to do.

 

I've told her to get up to the CAB straight away and tell them everything, and she is going to. I was wondering though, does anyone here have any idea if she'll be entitled to any money at all? What about constructive dismissal? I don't know much about it, but surely if she felt she had to leave, that would go in her favour?

 

Thanks in advance...

Edited December 31, 2008 by skonk

[Bookworm]

Too late for ET, it has to be within 3 months of the dismissal occurring.

 

She should however appeal without delay against the Benefits decision (only 1 mth deadline).

 

How to appeal against a benefits decision : Directgov - Money, tax and benefits

[Gogivit]

skonk,

 

Whilst I am sure many people will consider you a thoughtfull friend looking out for your girlfriends mate, the thing that strikes me is that after the six months that have passed you state she has had her benefits recently stopped.

 

Is it only coincidental that it taken just over six months for your friend to now want to be considering compensation from her former employer?

 

Has she been applying for new jobs during the last six months? Did she become too dependant on benefits and forget to look for alternative employment?

 

I am sorry if I appear negative, but I do not want to see your friend waisting her time and day dreaming about a windfull that more than likely will never come! You see, a manager who shouts or gets jealous of someone else socialising does not constitute bullying. Also you say your friend was forced to work 15 hour days - how was the force carried out? Was it physical, was it blackmail, what force was used that made your friend work these long hours?

 

Now had she have made complaints or sought advice within days if not at least several weeks of the incidents you quoted then maybe she may have had a better case!

 

I think as her friends, you need to tell her to demonstrate to the benefits department that she is actively seeking alternative employment, and maybe they could consider re-instating benefits once she has exhausted every opportunity.

 

You also go on further to mention that your friend can not pay for heating as well as eat. I recomend she eat as priority, and sadly she is not alone in this dilemna as many elderly people also face this scenario due to low pensions!

 

Whilst you and your friends are giving her hand-outs, does she offer anything in return? i.e maybe doing your ironing or cleaning your homes or babysitting (things that would show grattitude) and a willingness to work?

 

Again I apologise for being negative, but sometimes you have to be cruel to be kind!

[skonk]

Gogivit, I don't see you as being negative, just realistic. I don't think I explained it as well as I would've liked too. She's not after compensation from the company, I think she heard that if she got a constructive dismissal, she could've recieved benefits straight away, instead of waiting 26 weeks, at least I think that's how long it is.

 

I have told her that it's only a possibility she may get some form of backdated money from the benefits, but as I say, I could only advise her to go to the CAB, as they're more qualified than I am to give advice.

 

She has applied for lots of jobs, and was receiving benefits for the first 3-4 months, then they stopped it, saying she didn't provide enough evidence why she left her job, and her ex employers basically said nothing happened. When I say forced to work these shifts, it was a case of, there's the rota, you have to do it, if not, disciplinary time. My girlfriend works there and has been trying to get out for months. Health & Safety have already been in there, due to an anonymous complaint from a member of staff, saying they get breaks refused, or don't get one at all. Of course, the manageress and her friends in head office talked their way out of it, and following the official visit, the manageress told the staff if anymore letters get sent to health & safety or anyone who deals with employment law, then they'll have their breaks taken off them permanently!! A joke of a company, you'll agree, but with jobs so scarce these days, my gf has no choice but to stick with it for now...