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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46213
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ihave just put a harassment grievance in against my boss for

Resolved Question:

Ihave just put a harassment grievance in against my boss for bullying and harassment at work, we do not have a hr dept as such, they have also got another grievance letter from another employee against the same person, also three complaints from other employee about her swearing on the shopfloor at me. Today they presentated her with the greivances and they have just informed me that I know have to go back in work tomorrow and work with this person, there are only two of us on the shopfloor, my regional manager gave me the impression on Monday that this person was going to be suspended with pay. I have been told that if I don't go in tomorrow I will be absent without leave. I thought the company was suppose to back the employee that's being harassed.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.an you please tell me how long have you have you been with your employer

Customer:

just three months and the harassment started after the first week.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Many thanks for your patience. 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, which you have already done

  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). This is the issue for you – you only have 3 months service so cannot make a claim for constructive dismissal, which means your legal options on taking the matter further are limited. This means you either continue dealing with this internally, trying to resolve it, or decide to leave, but without being able to make a claim against the employer or employee. .


 


 

Customer:

Thanks Ben, I flagged some of my concerns with the regional manager on the 17th march and he did nothing, but for two of us to have to work together and she's my line manager it seems impossible, she has gone through 12 staff in 4 years, and nearly all left because of her behaviour but everybody so scared of this person. I don't feel that my company are taking this serious enough, and we no proper hr dept. I suppose m option is to give in and resign.

Ben Jones :

that would be the last resort option because you are obviously giving up your job, but if you believe you have to go down that route because working there is impossible, then it may have to be it. It's such a shame that you do not have the necessary length of service to claim for this and this is one big legal loophole which has not been resolved for years - the fact that an employee cannot make a claim for bullying on its own and needs 2 years' service to be able to pursue their rights

Customer:

ok thank you for your help.

Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46213
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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