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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10383
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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grandson age 22 is being bullied victamised by his forman

Customer Question

grandson age 22 is being bullied victamised by his forman
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

How long has he worked there for?

JACUSTOMER-0nlwzl9e- :

3 years

Ben Jones :

OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Bullying is unfortunately something that happens all too often in the workplace. 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 subjected to it.

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. In addition, they have the implied contractual duty to provide a safe and suitable working environment. That includes preventing, or at least effectively dealing with bullying behaviour occurring in the workplace.

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

  1. First of all, and if appropriate, 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. This formally brings the bullying issue to the attention of the employer and they will have a duty to investigate and deal with it.
  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 terms of mutual trust and confidence and failed to provide a safe working environment and that there was no other option but to resign. However, this step should only be used as a last resort as it can be risky, after all it will result in the employment being terminated.

In general, a victim should 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 reference in written form that the employer and/or the tribunal can refer to.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-0nlwzl9e- :

whtat happens if the employer will not listen??

JACUSTOMER-0nlwzl9e- :

what happens if the employer will does listen??

Ben Jones :

If the employer will not listen and the formal grievance procedure has been followed to completion the only thong that can be done is to resign and claim for constructive dismissal.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-0nlwzl9e- :

what if the employer does show or deals with the grievence procedure??

Ben Jones :

Hi, I answered this above - If the employer will not listen and the formal grievance procedure has been followed to completion the only thing that can be done is to resign and claim for constructive dismissal

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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