How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45319
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been harassed and bullied at work. Unrelenting.

Resolved Question:

I have been harassed and bullied at work. Unrelenting. Emails sent after midnight and when my out of office was on etc. The only way to end it was by my removing myself from the office and later that day resigning. This falls into the constructive dismissal category. Not sure where I go from here.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long did you work there for and when did you resign?

Customer: replied 5 months ago.
I started with the firm in Feb 2010. I resigned on 4 August 2016.
Expert:  Ben Jones replied 5 months ago.

what was the nature of the emails?

Customer: replied 5 months ago.
He had some work that needed doing. Non critical. His support was out. I picked it up to help. Tried to reach him to ask detail of assistance required. He was out and didn't respond to IMs I sent him. I checked with our records dept. to ensure client care would not be compromised. It wouldn't. It was an internal deadline only. Then later after working hours he sent emails asking for an explanation. I had a call with him. Explained the scenario. I thought it had been out to bed. He sent an email thanking me for my time. No response from me was required I thought. Then more emails asking why I hadnt replied to his thank you email. I was out if office went that was sent. He sent another two hours after that saying he expected a response. To what? He had closed the initial thank you email with "see you soon". Plus my out if office was on indicating my absence. I responded when I was back in the next day saying I thought "see you soon" meant no response required. Then he came back again saying I still hadn't answered his question. There was no question in any of his emails.
Customer: replied 5 months ago.
I realised then it was never going to stop other than by me are moving myself.
Customer: replied 5 months ago.
Removing*
Customer: replied 5 months ago.
The period in question was over 4 days from picking up the request for assistance to my leaving the premises. Every day therevwerevemaiks concerning the matter.
Expert:  Ben Jones replied 5 months ago.

ok so this was the only incident (albeit over a period of 4 days) which led to your resignation?

Customer: replied 5 months ago.
Customer: replied 5 months ago.
No one be it the CEO/Line Manager/HR stepped in. I had no other alternative. He owns the company, so no one was prepared to say enough is enough.
Customer: replied 5 months ago.
I couldn't do my job because he was harassing me so much!
Expert:  Ben Jones replied 5 months ago.

Ok thanks, ***** ***** may indeed consider constructive dismissal, I am not quite sue this will be enough to go by. To be able to claim this you need to show that the employer had acted in serious breach of contract, so serious that it makes the performance of your contract impossible and leaves you with no other option but to resign. I see that there were exchanges here which you felt were harassment and bullying, but in the eyes of the law they may not be seen as serious enough – there was obviously some misunderstanding there, he expected a response to something, you were unsure of what exactly and the exchanges continued until you resigned. Was the incident serious enough to mean that you can no longer continue working there? Unlikely from a legal perspective. This should have been resolved through direct communication at first or by raising a formal grievance. If that had not worked, then you may have had to leave things to settle down a bit before making a decision. But the resignation has happened now so you are only left with the option of claiming constructive dismissal, which as mentioned will be difficult here but there is of course nothing stopping you from proceeding down that route if you wanted to.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, 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

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45319
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 5 months ago.
Thank you for the confirmation of my position. He has done this before to others. I'm not the first and I won't be the last. That's why these guys are able to continue. I will have to bite the bullet and move on. Thanks again.
Expert:  Ben Jones replied 5 months ago.

Thank you. To be honest there is nothing stopping you from starting the first part of the process, which is free. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions