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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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How can i build or prove a harassement case in a work place?

Resolved Question:

How can i build or prove a harassement case in a work place? At the end of the day it is his word against mine.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

In october it will be 2 years

Expert:  Ben Jones replied 2 years ago.
Why are you being harassed? What are the reasons behind this?
Customer: replied 2 years ago.

Another member of staff is spreading malicious rumours about me, derogatory jokes.he is constantly trying to humiliate me.this is happening for a year now.i just had it enough today, when for the first time he started to swear to me and threated me(words used...f**king c**t...i will wipe your face from the earth.)The swearing and threats were in romanian, so it sounds worse in our languange, i translated word by word.Until now it was more as a bulling not quite harassement but today i was actualy scared due to his body language also.i've informed my manager about this issue and he adviced me to do a grievance tomorow against him.but he already lied and denied everything.so the question is if the matter will not be solved within the company, what else i can do?do i have a case?how can i prove anything?

Expert:  Ben Jones replied 2 years ago.
There is no easy way to prove a harassment or bullying case if you do not have any direct evidence. Often it can only be the two people present when this occurs so without witnesses it can be difficult as it is just your word against his. The best ways to try and get some evidence would be:
• Getting witnesses if any are available and willing to come forward
• You could secretly record any incidents, such as on a mobile phone
• You could have a diary where you write down any incidents that have occurred in detail and it would be much better to present that against the other person’s lack of anything in writing
• If no evidence exists then it will just have to be your personal account of things as you remember them
You have the right to raise a formal grievance with the employer over this and they would then be required to investigate the allegations before deciding on what, if any action, to take. The main issue you will face is if the grievance is rejected. You are then usually going to be looking at resigning and making a claim for constructive dismissal but you need 2 years’ service with an employer to do so. So it is actually possible to get bullied at work and apart from a grievance not be able to do anything further.
If physical threats have been made against you it is also possible to report this to the police but obviously it I up to you to decide whether you want to take it that far.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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