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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just gone through a Fairness at work process (grievance

Resolved Question:

I have just gone through a Fairness at work process (grievance ) at work, I am not happy with the outcome and want to get some advice in what my next options can be outside of the workplace this involves harassment and bullying, managerial issues have been identified however the main reason for my fairness at work are the bullying issues. Can you help please?
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. How long have you worked there for? Please note I am mobile today so I will only be able to reply later on today, thanks
Customer: I work for the police as police staff and have worked with them for 11 years
Ben Jones :

Thanks for your patience. if you are unhappy with the outcome of the grievance then you have the right to appeal internally and allow the employer to consider your appeal and either confirm the original decision or change it.

In terms of options outside of the workplace, then 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.

Hope this clarifies your position? If you could please let me know that would be great, thank you

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