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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47371
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good evening,My name is***** and I'm having

Resolved Question:

Good evening, My name is***** and I'm having certain difficulties on my work. I'm always the worse from my new manager and isn't only me who think de same. I would like to make any appointment to talk about everything is been happening since she started there. If I explain you can tell me if is me the wrong one or her. If is me I'm up to change where you find I'm wrong. If is her, I need to know what to do because this is causing me too much stress.

Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Briefly, what has happened so far that has made you feel this way?

JACUSTOMER-5yq6jyau- :

ok let me try to explain. There's so many things... but I'll give one example happens today. I am catering supervisor. Last Thursday I've got sick. I had pharyngitis and was very bad. So I called her at 7am to explain was not possible to go. On friday,was supposed for me to off because I change with another colleague. She already was pissed because I talk to my other manager instead of her. Anyway, on friday I went to my GP. My throat was so bad I could't speak. I send a text message explaining what was happening to me and sent a picture of the medicine the doctor gave to me,as after 3 days only they can give a certificate. At 3pm my other manager called me questioning why I didn't call saying I wouldn't go to work. I said you can hear my voice I cant talk properly. So, today I went work and she said that I should call her saying I was going to work. Make a paper saying I didnt follow the procedures. I signed because I was very furious. On the afternoon was supposed to call a one of our suppliers to cancel an order for tomorrow. She was in another local as well the same unit. I was alone on the coffee bar and asked the phone number for me to make a call. She denied to give me phone. I said I was alone as she replied I shouldn't wait until I get alone to cancel the order (what we can do until 5pm) So I couldn't cancel and she said after all everything who is coming tomorrow is my responsibility. (as a lesson for me) can you understand me?

Ben Jones :

How long have you worked there for?

JACUSTOMER-5yq6jyau- :

6 years

JACUSTOMER-5yq6jyau- :

I just dont know what to do anymore.

JACUSTOMER-5yq6jyau- :

you still there?

Ben Jones :

yes I just need to get my response ready

JACUSTOMER-5yq6jyau- :

ok... sorry

Ben Jones :

Ok I would say that this looks like a sort of bullying, which 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.


JACUSTOMER-5yq6jyau- :

Ben, when I felt she was treat me like that she said I was having ATTITUDE and she wouldn't accept that

JACUSTOMER-5yq6jyau- :

She also said she would give me 2 weeks to show her how I would change my way if not she would consider to take my position as a supervisor and also my salary

JACUSTOMER-5yq6jyau- :

my salary would be less

Ben Jones :

she cannot reduce your salary unless there was a specific and clear contractual clause allowing that, otherwise it would amount to breach of contract and potential unlawful deduction of wages

JACUSTOMER-5yq6jyau- :

also, when my previous manager gave that position I NEVER HAD ANY KIND OF TRAINING about how to proceed and everything.

JACUSTOMER-5yq6jyau- :

They gave me title but not support to be like they want. When she started, last September, the place was transformed in a chaos. We are 8 staff working there. We are all unhappy

JACUSTOMER-5yq6jyau- :

and with me it is worse

JACUSTOMER-5yq6jyau- :

I need to know what can I do. Do I have to talk to her about how I fell? Can I have some kind of witness? Can I try to have a meeting with my OPS manager? And this is not make her a devil with me?

JACUSTOMER-5yq6jyau- :

revenge?

Ben Jones :

What you can do was detailed above - step by step

Ben Jones :

these are the accepted steps in such situations

JACUSTOMER-5yq6jyau- :

okay. I'll follow then.

JACUSTOMER-5yq6jyau- :

I'll do. This all thing is for me so serious and is causing me so much stress to take tablets to be calm

JACUSTOMER-5yq6jyau- :

Thank you very much. I really appreciate chatting with you and I find very helpful.

JACUSTOMER-5yq6jyau- :

I hope works

Ben Jones :

I hope so too - read the information above carefully and consider your options - and don't give up easily

JACUSTOMER-5yq6jyau- :

thank you. I love my job. I've been there for so long and isn't fair she do that to me

JACUSTOMER-5yq6jyau- :

Have you a good night and once again thanks.

Ben Jones :

you too, all the best!

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