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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My name is ***** ***** years I'm working in one place,it's

Customer Question

Hi.My name is ***** ***** years I'm working in one place,it's a food factory environment.After 2 years of work I started to work on my line with a lady that is 20 years older that me,but even with so many years between us we were very close friends.Just wont to inform you that we are Polish nationality.I was the one that speaks english she dont know english language even in basic.Because she was my close friend i was helping her with all the translations that she needed in her out of work life but as well in our workplace.There was a situation that she had an appointment with her GP and that time she wanted to go with other friend, good for me because that day I had really strong migraine attack and I was not able to get up from my bed.15 minutes before her appointment time she call me on my mobile phone and she said " You have 5 minutes to get ready and You are going with me for appointment because Barbra (her other friend) can not go" so I told her that sorry Beata but I have a migraine attack and I really can't go with you.When she heard that she started to shout at me very loud and swear to me calling me bitch fat pig and a lot of other names that are very abusive.I was in big shock and I just hung up.I thought that next day in work she will say sorry or something like that but next day I understood that this is end of our "friedship" but I didn't know that this is the beginning of the worst year in my life.Week after this situation in Saturday evening I started to receive text messages on my mobile phone from her number ,she was writing that she will reveal all my personal info and story's about me and my family in my workplace,the same evening she text my partner as well she was writing things like " she hate your children she just want them to die" (she was writing about my partner children from the first marriage) and things like " Karoline is cheating you all the time" We were trying to call her and her husband but they didn't answer phones.Monday I went to work she didn't even look on me or my partner.After few weeks she did it again but that was 1000 times worse because she call my 12 years old son Patryk ( she had number because once I call her from his number when I forgot to top up my phone,I think that she save his number) when she call his she was swearing in polish to him he understood just "your mother is a Bitch" he didn't understood the rest because his polish is not to good because he is here from 8 years and we want to stay in England so English have to be his first language. That time I went to Police station in my town but they told me that to the time she will start to send me messages with direct threat's they can not do anything.And thanks to good she stopped.I think that the reason for stopping was the fact that I have inform my supervisor about the whole situation and there was a leak of information from office and she find out about my visit to police station.So she stopped to send me massages but she started to behave bad in work place.She was spreading gossips about me and my family,she commented my body shape ( I'm little overweight) I have as well health problems she was making jokes about it in public places like smoking ares in work.There was a hard time for me when my gp have found 5 tumors in my left breast and I was waiting for visit in breast clinic in bath in the time of waiting for my ultrasound I inform my Hr about my health issue and again someone said to someone about it and she found out,and one day one of the people siting on the smoking are heard when she said "I hope that those tumors will be aggressive ,I will regretted if its showe that they are harmless...I was in shock when they told me that.Last year in December I had accident in my workplace I have slip on food waste and my knee cap have dislocated so I was on my sick from work till end of February.I come back last Monday and people told me straight away what she is saying out loud that "she is so fat that this is the reason why she slip because she didn't see where she is going her fat tummy is to huge" .In second day of my work after my coming back to work that was really strange for me because someone from other department send her to worm with me on my line (because after my accident I could not go back to the departmen where she was working,I'm wearing big braces to stabilize my knee) so that day I was working with her I inform my team leader that I had a conflict with this person and can I work on position far from her to not provoke her,my team leader agree it was ok till time I had to pass her behing her back to bring some more boxes I was trying to walk and I just touch her with my arm but realy gently when I was passing by her,I didn't even feel that,after that she looked at me and she shouted " don't f**king touch me because I cant not disinfected myself here!" and again I was in huge shock I was looking at here for like 10 seconds without moving I didn't answer.What should I do???
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello what are you hoping to achieve please?
Customer: replied 1 year ago.
I just want her to stop to do this things in my work place,for a year I was ignoring her and I want her to do the same,I have enough of her gossips about me and making people be against me
Customer: replied 1 year ago.
And just want to say that I don't want her to lose her job,I'm not a vicious person and I know that she will not find a new job with her lack of English language, people in my workplace told me that I should not think like that because she would not do the same for me,but I can not do that she is 20 years older then I and my mother rise me to a person that have to respect an older person.That's why I just want to someone stop her and just explain to her that she can not behave like this
Customer: replied 1 year ago.
sorry but I dont really know are answering now or my connection is gone because I'm first time using your service and I dont know how long do I have to wait or do I have to refresh the conversation ??
Expert:  Ben Jones replied 1 year ago.
Hi sorry, you do not have to refresh, I will prepare my advice and respond on here later today so you will get an email when that happens
Customer: replied 1 year ago.
Thank you.sorry for panicking :) just didnt know what to do.thank you.I will wait.
Expert:  Ben Jones replied 1 year ago.
Hi Karolina, thanks for your patience. This all sounds quite horrific, I fully sympathise with you and you should not be put through this by anyone. As far as your legal rights are concerned, the person’s behaviour could amount to bullying and harassment. 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. I do not think this is possible in your case due to the nature and length of the issues.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. I know you do not want this person dismissed but you can tell them that this is your wish and that you just want someone to formally speak to her and perhaps issue her with a warning. The employer should do this anyway at first – issue a formal warning and if things do not improve over time then eventually a dismissal could take place but at the start it should be dealt with by a warning. Also as mentioned this could be harassment. I am not sure why the police have said that they cannot get involved until direct threats are made because harassment can occur even if no direct threats are made. So you could also try them again and mention that you want this dealt with under harassment laws. This is your basic legal position. I have more detailed advice for you in terms of the rights you have against harassment, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. As mentioned, this conduct could potentially amount to harassment, which could be both a civil matter and a criminal one. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions. Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim. In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue. So in the first instance the police can be contacted and this matter reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.
Customer: replied 1 year ago.
Well in basic I'm really afraid that this person will harm me or my son because his secondary school is by her house and he is passing her house every day going to school and from school.I have found that this lady was doing the same to other people.Just can you tell me what should I do when I will see her standing by my house?? And I have report the hole thing to HR office in my factory they told me that they will try to sort it out.So for now im waiting for them to do the first step,but I'm really afraid that she will do something to me in places where there are no cameras (there is few places in my workplace) and now I'm not fully recover after my accident and I still have problem with walking so I dont think I would be able to run from her.I just have one question should I write the letter by myself with warning about consequences of her behavior or should I find a solicitor like You and ask him to write the letter in my name???
Expert:  Ben Jones replied 1 year ago.
If there is a risk or threat of physical harm then it is definitely a police matter so do not hesitate to contact them if anything like that happens. The letter can be sent either by you or a lawyer. If a lawyer sends it then it will have to be translated too if she does not speak English and overall the costs could be more than what you are willing to spend. So send it yourself to start with, only go for a solicitor later on and of necessary.
Customer: replied 1 year ago.
I think that this is the kind of person that will not even care if i will write it by myself she will think that its only something that I did to make her be afraid.Can you tell me is a letter from me have the same" power" like letter from my lawyer.sorry dont know how to put that in the sentence.hope you will understood what I'm asking.Do you think that I should go to our police station and inform them that there is a investigation about bullying me.I know that in our town in police station we have a polish policeman.I think its everything that I wanted to ask you today.You really help me and I'm really grateful for that.Really good service i will come back here.And sorry for my spelling but when I'm writing about it I'm in stress. Karolina
Expert:  Ben Jones replied 1 year ago.
Legally it makes no difference who sends the letter, but obviously someone may take it more seriously if it has come from a lawyer, rather than the individual. You have nothing to lose by contacting the police again and making them aware that there are issues and that you fear for your safety - they could issue a formal or informal warning to the person to earn them to behave basically. Glad this has helped and have not notice any issues with grammar or spelling - very impressive for someone who is not a native English speaker :)

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