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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Can someone help me as towhether I have a claim on bullying

Resolved Question:

Can someone help me as towhether I have a claim on bullying by being treated unfairly if I was to give you the facts online and what is the charge
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What specifically do you require from us please?
Customer: Hi Ben
Customer: I think I am being unfairly treated. I have 7 years experience with the same company with very good appraisals with different managers. I moved location, changed product and moved house under a different manager. I was off with stress for six weeks. I was eager to come back to work as I enjoyed work. Occupational health were involved . I seem to have a personality clash with my manager. First incidence , he reprimanded me in a coffee shop as I didn't prepare a daily planner. I got upset and humiliated as it was done in a public place. We discussed it and moved on. Incidence 2 I then went to a team meeting where I was attacked by the other manager on my information I was presenting . These 2 managers are very close. The team was very upset with this and all phoned me to offer their support. By this time I am lacking my confidence and getting nervous and symptoms re- appearing. Incidence 3 preparingr for head office meeting with other colleague. My manager undermining our preparation work, refusing to let use present what we felt that we had to. Dictating how it should look like. My colleague had a falling out during the process. Presented on the day. No feedback given to me on the day though he wrote an email to my colleague saying what an excellent day and stated both myself and him performed well. As I have seen this email , didn't think there was a problem . Incidence 4 , another team meeting, unaware to myself I was being scored through valuation form. He asked the managers to do one on me only. I was not informed this was going to happen. Meanwhile another colleague was given 3 hours of his time to help her prepare for the Meeting to ensue that she did a good presentation which will enable her to succeed her objectives. If there was a problem then why couldn't have the same time allocated to me. Incidence 5 , met him yesterday in a coffee shop to have a field visit. He wanted to discuss my performance from 2 of the meetings. He produced the form which scored me very low. Bearing in mind that sensed that I was being measured and was extremely nervouse and lacked confidence. He informed me that he felt that I don't sell to my customers and that I have spent 6 months on territory gathering information. Which is totally not true as I have set up 3 speaker meeting , using key people to addrss accounts issues plus I was able to get one account to do a 12 month audit highlighting a loss of potential patients. He has only been out with twice in front if customers. He never wanted me as a team member but HR told him he had to. I told him that I didn't wish to continue with the conversation and that he was making me ill and now gone off on stress. I took 2 days off because I was having a medical procedure and he informed me that he had to inform occupational health as he assumed that I was seeing someone regarding my situation previously. Your thoughts woud be appreciate
Expert:  Ben Jones replied 4 years ago.
It does appear that you may be the victim of bullying, which is unfortunately something that is 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.
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Is it worth getting a solicitor letter outlining my case ?
Expert:  Ben Jones replied 4 years ago.
At this stage a solicitor will add little value because they will not be able to force anything and this is still just an internal matter. It would be a great cost for this stage of this matter. Only get a solicitor if you are thinking of making a formal claim against the company.

I would be grateful if you could please take a second to leave a rating for my advice so far, thank you