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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46195
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have been taken over by a new company in October. I am a

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We have been taken over by a new company in October. I am a team leader on the nightshift in a distribution warehouse. They have introduced a system called 5s, which I believe is to do with health and safety. Only some of the nightshift were trained, the training was due to take place over two days, but they cancelled the second session, which I was booked on, there has been no response to requests for further training. The manager who is responsible has placed a list of actions that should be carried out at the end of each shift. There is a form underneath where the team leader signs to say the actions have been carried out and a number to circle to say which ones have been done. At the top of the sheet, the first one to be used, the manager had circled 4 actions and signed it. I have a photograph of the list which I can show you. I took this as an example and continued, circling what I had done and signing it. On Tuesday morning the manager had taken a photograph of the list (only the part with my signature on) enlarged it, laminated it and stuck it onto a notice board inside the DC, with a blue arrow pointing to my name as an example of how not to do this form. I see this manager every morning and at no point did he mention that I had not been doing these checks correctly. I asked another member of staff, who has been trained, what he thought, he highlighted the managers signature with a coloured pen, and I decided that I would not sign off on any of the actions until I receive adequate training. When I went to work last night a new signature sheet had been put up, but the photograph is still on the board. The manager has still not made any comments regarding this to me. Can you suggest any actions o should take regarding this please?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What are you hoping to achieve exactly?

Customer: replied 8 months ago.
Im not expecting to put in any claims of any sort as I don't think it is serious enough however, I would like some advice on what actions I can take to prevent him from continuing to humiliate me.
Expert:  Ben Jones replied 8 months ago.

Thank you. This could potentially amount to bullying, which is defined 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). As you are not looking for any claims and I also do not believe that this incident alone will justify you resigning, the above two options would be the best way to deal with this.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46195
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 8 months ago.
Many thanks for your help and clarifying the information regarding bullying. This will help me to challenge his behaviour.
Expert:  Ben Jones replied 8 months ago.

You are welcome, all the best

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