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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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is it ok for me to get bullied in a work place by your team

Customer Question

is it ok for me to get bullied in a work place by your team members of staff?
is it ok for my boss to threaten to sack me for saying a wrong word to a memeber of staff and other one gets let off without getting the sack?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how long have you worked there for?
Customer: replied 3 years ago.

i have work their for 6 year and it only happened a few time getting bullied on a different shift but something happened in my work place and i got moved onto another shift and thats where the bulling has gotten worse

Expert:  Ben Jones replied 3 years ago.
Have you made a formal complaint about this or just informally?
Customer: replied 3 years ago.

ive written everything thing down what has been going on a the moment and sent it to the production manager at work but nothing has been done about it yet but its getting worse everyday

Expert:  Ben Jones replied 3 years ago.
Bullying is unfortunately something that not uncommon in workplaces. The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual.

Under law, specifically the Health and Safety at Work etc Act 1974, an employer has a duty to ensure the health, safety and welfare of its employees. That includes preventing bullying behaviour occurring in the workplace and effectively dealing with any complaints that have arisen as a result of bullying.

In terms of what an employee who is the victim of bullying can do to try and deal with such problems, the following steps are recommended:

1. First of all, and if possible, the employee should try and resolve the issue informally with the person responsible for the bullying. 

2. If the above does not work or is not a viable option, the employee should consider raising a formal grievance with the employer by following the company's grievance policy. 

3. If, following a grievance, the employer fails to take any action or the action they take is inappropriate the employee would need to seriously consider their next steps. Unfortunately, employment law does not allow employees to make a direct claim about bullying. As such, the most common way of claiming for bullying is by resigning first and then submitting a claim for constructive dismissal in an employment tribunal (subject to having at least 2 years' continuous service with the employer). The reason for resigning would be to claim that by failing to act appropriately, the employer has breached the implied term of mutual trust and confidence and that there was no other option but to resign. However, that is not an easy claim to win and there has to be a reasonable degree of certainty that continuing to work for the employer in the circumstances is no longer possible.

In general, try and gather as much evidence as possible before considering making a formal complaint and certainly before going down the resignation route. As bullying often takes verbal form, the best way is to keep a detailed diary of all bullying occasions so that there is at least some evidence in written form that the employer and/or the tribunal can refer to.

If the bullying behaviour is serious enough and has occurred on at least two occasions, it may also amount to harassment, which can be a criminal matter, although it can also be pursued as a civil matter. However, it is advisable to try and stick to one claim only so if constructive dismissal is being pursued then try and concentrate on that.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 3 years ago.

i cannot resolve it with the people that are bulling me as they dont understand english half the time and they just laugh in ur face, the grievency what they have got now they havent done anything about it as they dont want to lose them people but they are willing to sack me or lose me, ive got loads of grievency written down again people what they are doing to me, ive been their longer then the bulling people and i dont want to resign but it means they have won then

Expert:  Ben Jones replied 3 years ago.
I am afraid that in a bullying scenario you cannot just make a claim without resigning or being dismissed so if you are serious about taking this further you have to consider whether you wish to try everything to pursue this matter internally and after that - whether to resign. It means you either have to accept this and continue working there as things are now, or decide enough is enough and leave, pursuing the claim for constructive dismissal

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.

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