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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can I sue my previous employer? I was bullied and then when

Customer Question

Can I sue my previous employer? I was bullied and then when I left i was harassed.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 4 months ago.

How long has it been since you left? Also how long did you work there and had you reported the bullying during your employment?

Customer: replied 4 months ago.
Ok, so I was wrking for the NHS, and it has been 3 months since I left. I was here for 9 months and the bullying began 6 weeks in. I was unable to talk directly to my manager but she knew I was not happy. Another member of staff did report the bullying to my manager and yet nothing was done. I could not understand what the problem was. I was made to believe everything was ok but At each monthly meeting (because I was new) I was getting told I was rubbish really at my job and that yet more problems had been bought up by the same member of staff. She belittled me and shouted at me in front of other people and patients. She told me "to seriously consider whether Intensive Care is for you" after just 6 weeks. She did not support me she just put me down. I have had one session of ocuselling and am hoping for more in the future. I was advised to leave so I did
Expert:  Ben Jones replied 4 months ago.

OK, thank you for providing me with this information. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 4 months ago.

Many thanks for your patience. The issue with trying to take this further is that there is no standalone claim you can make for bullying. If someone is the victim of bullying in the workplace, they would usually be expected to make a claim for unfair dismissal (if they are dismissed as part of the bullying) or for constructive dismissal (if they are forced to resign as a result of the bullying). Here come the next issues – you need to have at least 2 years’ service to be able to make either of these claims, which you did not have. Also there is a time limit of 3 months from termination to make them so you may be out of time. You may be able to get around the 2 year rule if you can show that the grounds for bullying were discriminatory, such as because of your gender, age, race, religion, a disability, etc but again there is a 3 month time limit to claim and that is not from the date of termination but from the date the discriminatory act occurred, so the last you were bullied basically. If none of these options are viable, your only other opportunity to claim is if you can show that you have suffered a personal injury as a result of the bullying.

This is your basic legal position. I have more detailed advice for you in terms of the option of personal injury, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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