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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am in need of some help, my daughter is been mentally and

Customer Question

Hi my name is Michele
I am in need of some help, my daughter is been mentally and virbually bullied in the workplace to the degree that it is causing her server stress.
She works in a Beauty Salon which is owned by a Lady, there is only this Lady and my daughter working there. My daughter has worked there for 12 months and 2 weeks ago for no reason things started to be made extremely difficult for her, her Boss started to accuse her of stealing towels (problems been is she asked her in a very sly manner) then when my daughter confronted her about it she totally denied it, then overnight the boss removed her administrative rights to the business Facebook page, where my daughter did all the promoting and advertising, again when asked why she came up with some very lame excuse as to why, the boss has had new cameras installed in the building the spy on her, (my daughter is as honest at the day is long and I would bet my house on her honesty) although her boss claims that the cameras needed replacing as they were old (which is possible) but the night she installed them, I myself received a message on Facebook Messenger from my daughters boss who told me that the new cameras had been installed and in the same sentence told me that it wasn't to spy on my daughter (very strange comment to make) last week my daughter was stripped of her Managers Title and her Manager pay allowance. I could spend all night going on and on about this situation as there is lots of other very sly moves happened which are very concerning, all the client record cards have been removed, the appointment book has been removed, the email listing has been removed, my daughters keys have been taken off her etc etc.
I would really like some help as to how we get this disgusting behavior stopped so that the work environment is a good place to be.
Thanks in advance for your support
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 6 months ago.

Hi Michelle. Please can you tell me whether your daughter had a permanent and ongoing contract?

Customer: replied 6 months ago.
Customer: replied 6 months ago.
Unfortunately, I am not in a position to pay for the call charge
Expert:  Ben Jones replied 6 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. 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 6 months ago.

The main issue here is that if she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal or constructive dismissal. This means that her employer can dismiss her or force her to leave for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. However, so far I do not see any discriminating factors.

In terms of bullying, it 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.

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. However, as mentioned an employee needs 2 years’ service to be eligible to claim for constructive dismissal. In effect what this means is that an employee could be bullied in the first 2 years of employment and as long as it is not related to discrimination, they will have very limited rights on challenging it. She could still pursue the matter internally through a grievance but legally she would not be able to take it further if things do not improve.

I can discuss the grievance procedure with you further if needed.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Expert:  Ben Jones replied 6 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 6 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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