Ask a Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there for?
I have worked here for 3 years this summer coming, its a family run business my dad is the main owner
thanks, XXXXX XXXXX get my response ready please
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:
In general, a victim should try and gather as much evidence as possible before considering making a formal complaint and certainly before going down the resignation route. As bullying often takes verbal form, the best way is to keep a detailed diary of all bullying occasions so that there is at least some reference in written form that the employer and/or the tribunal can refer to.
okay, I have noted for over a year all the incidents he has caused of humiliation toward me in front of other work colleagues and other staff members, and this is all in my formal grievance that I have submitted - its been six weeks - and the HR man at work came into my office and told me that unfortunately the man who I have Grieved against is not accepting the grievence and because he is a manager at this company he cannot push it any further but if he insists to bullies or makes another scene he will be in trouble then, but that has been said before - so my whole point of writing and submitting a grievence seems as though it has been a waste of my time and I am still in the same situation of feeling under threat and unhappy at work - is there anything in the grievence proceedures that even though he is an employer he doesn't have to accept a grievence and just refuse plainly?
sorry to ask in depth its just very confusing and also complicated as he is a family member but has caused so much stress in my life and work life that I don't know what to do anymore, and it seems unfair and not right that just because he is an employer he cannot become into trouble for what he has done- he shouldn't be the one deciding that right? Our HR man seems scared of him and doesn't want to push it further with him, my uncle who the grievence is about he has also bullied others including his own son, and other women in the work place. and is making it very unhappy here
The employer ha a duty to deal with a grievance fairly and by following the ACAS Code of Conduct. It does not matter if the alleged bully is the manager or the highest person in the company - a fair grievance procedure still has to be followed. If the employer fails to follow it then any compensation you are entitled to if you were to claim can be increased by up to 25%
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?