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Hello, my name is Ben and it is my pleasure to assist you with your question today. How long has he worked there for?
He had a glowing appraisal only 4 weeks back and now it’s gone to this. This all kicked off recently as he went sick for 7 days and had a doctor’s note but because he didn’t phone in every day he was off they have given him a final written notice (he did phone in the first 2 days of sick leave)
is this incident the only one or have there been a series of incidents?
no just one these 6 or so emails, well the ones he is aware of. There maybe other emails that he hasnt seen
This could actually amount to bullying. Bullying is unfortunately something that is not uncommon in workplaces. 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.
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. That includes preventing bullying behaviour occurring in the workplace and effectively dealing with any complaints that have arisen as a result of bullying.
In terms of what an employee who is the victim of bullying can do to try and deal with such problems, the following steps are recommended:
If he is being offered a compromise agreement then that would prevent him from claiming against the employer in the future and it will be a clean break between them.
If he refuses to accept the agreement and leaves claiming constructive dismissal then he would only be entitled to compensation for any loss of earnings incurred as a result of being forced to leave. He will have a duty to try and look for a new job immediately and if he is successful and it pays more or less the same or more then he would have suffered minimal losses and his compensation will be very low. On the other hand if he is out of a job for a prolonged period of time he could potentially seek to recover a larger sum to cover that period. Of course that would depend on him actually being successful and there is no guarantee of that, as with any legal claim.
he has gone through the grievance procedure and they have offered him 3 months’ salary and 1 months notice but can he claim more as it may take him 9 months to find another job
They must know he has a case else why offer this compensation
that will not necessarily be the reason for their offer, for them it would make sense to pay him off and give him something, even if they do not believe he has a case rather than get involved in tribunal proceedings where they may spend a lot more time and money on legal fees and preparation.Whether he is entitled to more will depend on many factors, such as what attempts he has made to find a job, whether the market is indeed such that it would make finding a new job that difficult, and of course on him actually proving that he has a valid constructive dismissal case and the tribunal finding in his favour. No one can predict what a tribunal may award in such circumstances
in your view could he counter offer and ask for 9 months money
unfair dismissal is upto £75K isnt it?
there is nothing stopping him from doing so but I am not sure the employer would agree to that, I think they may increase the offer slightly, maybe an extra month or two but maybe not more than that. The maximum award is indeed just under £75k
he is on £19.5K per annum, could he claim £15K to £20K for loss of office stress etc
no award for stress, just actual loss of earnings and as mentioned that would depend on a number of factors regarding attempts at finding a new job, state of the industry, etc
as the emails are threatening can he get the Police involved ie Kill him and drop all his things from top of a tall building and hope he gets hurt
yes but they may view this as an incident that they will not get involved in because the threats were not made to him directly. That is unless there is a degree of seriousness in them rather than just someone's rambling thoughts
again, there is nothing stopping him from contacting them
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