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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48485
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been bullied and intimidated and went on sick with stress

Customer Question

I have been bullied and intimidated and went on sick with stress and anxiety. I spoke to occupational heath and requested my manger not to contact me and this was not adhered to. My manager contacted me and also I beleive my comments to HR regarding his behaviour where passed on because he said that he heard my comments. I re-signed and stated I had been happy and found a new job as he rang me and said I would loose my bonus if I did not go quietly I had seen violence from my boss when on a work nights out he attacked a person that was sent to hospital and he was put in a prison cell for the night. This is also one of the reasons and have many more of why I was scared to say anything. I still am very upset but scared I can not do anything to get to claim compensation without the manager getting in touch.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
JACUSTOMER-oj80lrwt- :

4 1/2 years at Barclaycard

JACUSTOMER-oj80lrwt- :

hello are you there

JACUSTOMER-oj80lrwt- :

Do you require more information?

Ben Jones :

Hello, sorry I was travelling earlier. What would you actually like to achieve in this situation?

JACUSTOMER-oj80lrwt- :

I would like to achieve compensation for stress bullying intimidation having to leave a job that I was in for four and half years due to their procedures and his constant phone calls and agresiveness I was one of the top performers and have been left feeling worthless and emotional state. They have also got alot of other cases going through at the moment for the same thing.

Ben Jones :

You say you have found a new job, is that still going ahead?

JACUSTOMER-oj80lrwt- :

Yes it is but even last night I could not sleep due to the upset I have received from Barclaycard

Ben Jones :

Is the pay in that job similar to the current one and when does it start?

JACUSTOMER-oj80lrwt- :

I have started the new job in training at the moment same industry and the pay the same approx if hit bonus structure obvioulsy

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

The main claim that an employee, who is a victim of bullying can make, is for constructive dismissal. This occurs where they feel forced to leave their job due to the bullying. They would then make a claim in the employment tribunal and seek compensation for any loss of earnings that have resulted from being forced to give up their job. The main issue in this case is that you already have a new job and as such you do not have any ongoing losses. As such, making such a claim would be pointless because the best you would hope to recover is the pay you would have earned between leaving the old job and starting the new one. Considering the fees for making the claim are over £1,000, it is pointless to go and make such a claim in the circumstances.


 


So with the main claim available to you now an unrealistic option, the only other potential claim you could make is for personal injury, which is a claim for negligence against the employer. However, you must consider these factors first:



  • Some serious recognised illness must have been suffered. This could include clinical depression, specific trauma stress, a physical injury (e.g. stroke), etc.

  • The illness must have been caused directly by the employer's negligence, or it could be attributed to things its employees have done

  • The illness must have been reasonably foreseeable - for example if the employee experienced one breakdown, that would have indicated to the employer that there is a problem and that further issues could arise if things were not dealt with appropriately.

  • The time limit to claim is 3 years from the time the injury was suffered.


 


Compensation would depend on the seriousness of the injury you have suffered and would require you to obtain detailed medical evidence to confirm the extent of your injuries and how they affected you. After that you need to satisfy the other parts of the test as mentioned in the bullet points above.


 


So these are your options – the first would not be recommended due to the reasons I outlined, the second you will have to satisfy the requirements for claiming personal injury before you can expect any compensation. If you want to go down that route you need to consult a personal injury lawyer who can take that further for you.

JACUSTOMER-oj80lrwt- :

I think due to more detail probably needed by yourself this is not really a constructive answer its just generic so not really helpful

JACUSTOMER-oj80lrwt- :

I wont be using this service again as I expected more direction and questioning from yourself

Ben Jones :

ok what were you expecting please - the bottom of the matter is you have two options and that is it - the first is completely pointless to make in the circumstances due to the reasons explained above the second you need to obtain professional medical evidence to pursue. Whether I have more detail or not will not change your legal position

JACUSTOMER-oj80lrwt- :

Please cancel my payment

Ben Jones :

Also with all due respect I am the legal professional and I decide how much questioning is necessary to provide an answer

Ben Jones :

anyway goodbye