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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48200
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a question. if some co workers ar stalking me

Customer Question

hello. i have a question. if some co workers ar stalking me using a private detective and doing a lot of jokes on me, using photos of me, what can i legally do to stop that?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Does your employer know about this and are the jokes happening at work?
Customer: replied 2 years ago.

hello. no.

Expert:  Ben Jones replied 2 years ago.
Is the answer no to both questions please?
Customer: replied 2 years ago.

well the fact is that i'm a free lancer, paid by hour of work. the company i am working with has also employees. those are making jokes maybe because i earn more than they do, i don t know.

but the employer doesn't know about the jokes and abour the private detective.

Customer: replied 2 years ago.

I m sorry but I didn t receive any answer from you.

Thank you.

Customer: replied 2 years ago.

I think this is a joke and i m sorry I have asked for your help.

I can not be charged with 28 pounds because i didn t get any help from you.

Also you have not my approval to monthly charge me.

Expert:  Ben Jones replied 2 years ago.
Sorry I lost my connection earlier, have only managed to get back online. As you are self employed and not an employee, the usual protection against bullying does not apply so you cannot for example resign and claim constructive dismissal. In fact your rights under employment law are rather limited so the only way you could pursue this with the employer is to make a complaint about em. After all they are employed by them so they would have some responsibility over their actions and they could discipline them if they believe that is necessary.
In terms of what other rights you may have, these actions could amount to harassment. The relevant legislation that deals with harassment is The Protection from Harassment Act 1997 in civil cases and The Criminal Justice and Public Order Act 1994 in criminal cases. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.
Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim.
In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue.
So in the first instance the police can be contacted and this matter reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you