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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I wass subject to bullying at work years after a year

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i wass subject to bullying at work for 2 years after a year i went on medication eventually i reported it to HR and after 5 months of more stress and investigations it was proven and he was fired. however since then my mental health has got worse the business as sent me for counselling and i was sent home from work yesterday and told to see my GP and take his advice it looks like i may have post traumatic stress disorder. If i take long term sick and end up out of a job can i sue the company
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. In what way has the employer failed to deal with this appropriately?
Customer: replied 2 years ago.

its difficult but thew ongoing health issues were caused by someone representing them i am concerned if i go off sick they may eventually terminate my employment. when the investigation started he was suspended but i was asked to do his role which put me under more pressure and this was part of my development so no extra pay eventually after about 8 weeks this ended, i then had to go to 3 separate interviews and live through the experience again although they had already got everything written down and signed by me one of which was with a company director which was particularly stressful. i don't feel they have been been sympathetic with the way i feel when dealing with me and continued to put me under more pressure. they did however suspend him quickly and have sent me for counselling and are now advising me to see my gp again and if i need time out to take it

Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. 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: 1. First of all, and if appropriate, the employee should try and resolve the issue informally with the person responsible for the bullying.2. If the above does not work or is not a viable option, the employee should consider raising a formal grievance with the employer by following the company's grievance policy. This formally brings the bullying issue to the attention of the employer and they will have a duty to investigate and deal with it.3. If, following a grievance, the employer fails to take any action or the action they take is inappropriate, the employee would need to seriously consider their next steps. Unfortunately, employment law does not allow employees to make a direct claim about bullying. As such, the most common way of claiming for bullying is by resigning first and then submitting a claim for constructive dismissal in an employment tribunal (subject to having at least 2 years' continuous service with the employer). The reason for resigning would be to claim that by failing to act appropriately, the employer has breached the implied terms of mutual trust and confidence and failed to provide a safe working environment and that there was no other option but to resign. However, this step should only be used as a last resort as it can be risky, after all it will result in the employment being terminated. 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. 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
Customer: replied 2 years ago.
I understand that but I am mentally damaged due to the bullying and am on medication and not sleeping , are you saying that if I had to leave because of the mental issues or I went off sick and they terminate my employment there is nothing I can do
Expert:  Ben Jones replied 2 years ago.
No I am not saying that if they go down that route then you can still consider a claim for unfair dismissal. So it is either the resignation and constructive dismissal or the dismissal by the employer and unfair dismissal claims. Hope this clarifies?
Customer: replied 2 years ago.
Sorry one last question the fact that they fired the bully does that help me in that it is an admission that one of there senior managers bullied me and caused my illness or help them more because they fired him
Expert:  Ben Jones replied 2 years ago.
well it shows that they had taken the allegations seriously and dealt with them appropriately by removing the bully. The issue really is whether they did so reasonably and within an acceptable time, or if they unnecessarily delayed things and let the matter protect unreasonably long, making things worse in the process. For example if the employer knew of the bullying for a while but did nothing then even if they eventually dismissed the employee they cold be at fault. However, if they started dealing with this as soon as they were told about it then even with an investigation of few months, they could be seen to have dealt with this reasonably
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