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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49789
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i am getting bullied at work anyone i get along with a certain

Customer Question

i am getting bullied at work anyone i get along with a certain woman who is a team leader always calls them away from me then they do not talk to me again.I work in a care home and sometimes i am left in a room on my own for no reason at all, sometimes i am given alot of chores to do on my own. on purpose. i have told the manager she has had a meeting time and time again but nothing has changed infact it has gone worst i have no work mates anymore because of the team leader the manager and her are all pally. what should i do. desperate employee.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

JACUSTOMER-nd7x6eno- :

From October last year. i am born in England but of caribbean origine sometimes other girls come out with wordings such as' LORD JESUS. as an expression then looks at me.Oviously i pretent not hear.

Expert:  Ben Jones replied 4 years ago.
Bullying is unfortunately something that is not uncommon in workplaces. 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.

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. That includes preventing bullying behaviour occurring in the workplace and effectively dealing with any complaints that have arisen as a result of bullying.

In terms of what an employee who is the victim of bullying can do to try and deal with such problems, the following steps are recommended:

1. First of all, and if possible, 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.
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. The problem is that you need at least 2 years' continuous service to be able to do this and this is not an option for you as you do not have the required service.

Instead of resigning you can consider a discrimination claim if the reason for the bullying is related to a protected characteristic, such as race or religion. There is no minimum service required for this and you do not need to resign to make the claim.

In general, try and gather as much evidence as possible before considering making a formal complaint and certainly before making a claim. 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 evidence in written form that the employer and/or the tribunal can refer to.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you