Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
What do you hope to achieve please?
I woud like to be working in a safe environemnet where me and my team of 50 volunteers can feel safe and not exposed to alcohol and/or drugged up individuals. I also would like my Area Manager to be dealt with appropriately. She is a "by the book " person and comes down really hard if anyonemakes an error. She is a very controlling person and would take over your whole life if allowed. In all of my working life I have worked very hard and have not had any hassels with disciplinaries or any such thing. Last year ,howver I received a written warning because It was deemed that I had brought Oxfam into disrepute by complaing to the Police over their non attendance at an incident where a vulnerable member of the community( with learning difficulties) was being assaulted and came into thh shop asking for help.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Many thanks for your patience. As a general rule, The Health and Safety at Work Act 1974 and related statutory instruments impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce any effects on employees’ health and safety at work. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence.
So if you believe that the employer has failed in their duty towards you in terms of ensuring your health and safety it could be a breach that they need to urgently address, otherwise it could amount to breach of contract and allow you to resign and claim constructive dismissal.
In terms of the issues you are experiencing with the other person at work, then her actions could actually amount to a form of bullying. This 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.
Hope this clarifies your position? If you could please let me know that would be great, thank you