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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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He constantly harassing me at working place since he come to

Customer Question

He constantly harassing me at working place since he come to this position 9 month ago. Shouted at me at working place and on a telephone conversation .
Previous area manager invited me to company to this position.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello why do you think this is happening, on what grounds are the treating you like this?

Customer: replied 10 months ago.
never had any reasonable explanation on their part
Customer: replied 10 months ago.
I remember one day I called him and reel that our conditioner doesn't work second week... It was very hot !!!
He start shout at me thAt I brake conditioner ...
Only one reason was - he hated me !
Expert:  Ben Jones replied 10 months ago.

Whilst bullying and harassment are obviously wrong and should not be acceptable in the workplace, unless they are on discriminatory grounds (e.g. because of your age, gender, race, etc), then you cannot challenge it if you have less than 2 years’ service. That is because the only way to deal with bullying is to resign and claim constructive dismissal but you need 2 years service to be able to qualify to make the claim. So often it is possible to be the victim of bullying at work without actually being able to do anything formal about it. in these situations it would only be dealt with internally through the formal grievance procedure.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

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Customer: replied 10 months ago.
He told me that difficult to work with older ladies like you.
Expert:  Ben Jones replied 10 months ago.

If you were treated detrimentally or sacked because of your age then that could potentially amount to discrimination, for which you do not need any minimum length of service to claim. You need to approach ACAS to start the pre-claim early conciliation process in order to start the next steps of challenging this.

Customer: replied 10 months ago.
Can you help me and tell what I should do next?
Expert:  Ben Jones replied 10 months ago.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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