Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there for?
4 years in April
Sorry, My name is XXXXX XXXXX thanks.
Thanks for your patience, and just before I finalise my response what would you ideally like to achieve in this situation?
At a basic level an acknowledgement of bullying behaviour, I believe it happened and I wasn't protected or provided with a supportive and safe environment. For context I work for an organisation that promotes recovery in relation to mental health problems. Our organisation promotes recovery practice, yet my working environment doesn't practice what it preaches. From the evidence I have experienced from my manager I don't trust that relationship to change and that it will be made harder for me as I have challenged her.
My health is more important but I don't think it's right for people to be treated the way I have and it be put down to relationship difficulties.
I would want to challenge the outcome but would need support to do. By this I mean someone who will also guide me through any process such as advising/supporting me with layout of info I provide and an honest opinion as to whether the evidence I have is enough.
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:
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.
In terms of the support you may get to do this, then that would unfortunately be somewhat limited. A union is usually the best bet, but apart from that you are only really looking at the CAB for some support on the side or you would have to employ an employment consultant or solicitor, but the fees would not be cheap. If you were to do the work internally yourself and then go to tribunal, the FRU could be an option for free representation (www.thefru.org.uk).
Thanks. This confirms what I already was aware of.
I do need though to challenge the notes of the meeting we had and a couple of other points that will now be on my personal file-my manager had described me as '..leading me at times to be bullying and harassing' in my occupational health referral. No -one who knows me, apart from herself, would describe me in this way.
I, of course, cannot comment on that and whether it is reasonably or true but of course if you do not agree with it you have the right to challenge it, and perhaps ask for proof that supports that statement, which if it cannot be produce should call for the removal of the comments from your file
Ok, thanks. How do I rectify the notes of the meeting we had? I have already contacted them over a week ago and no response. I did receive the managers report two days later with her outcome but no reference to the email I had sent.
you may only do so by continuing to deal directly with the people responsible or higher management, and as mentioned the grievance procedure is open to you too
You are most welcome