Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
It is very unlikely an injunction can be taken out in these circumstances and to be honest the process of doing so is not simple and will be expensive. Also the court may see this as an internal employment matter and decide that it should be dealt with as such. There is nothing stopping you from threatening to pursue the injunction route as a method of trying to make hem stop, but actually proceeding with a court application for it would probably not be wise. As to what you call their actions, I am not sure if you are looking for anything that specific because there is no such specific term, but in general it can amount to bullying - Although there is no legal definition of bullying, the Advisory, Conciliation and Arbitration Service (ACAS) defines it as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Examples given are: spreading malicious rumours, or insulting someone by word or behaviour; exclusion or victimisation; unfair treatment; overbearing supervision or other misuse of power or position; making threats or comments about job security without foundation; deliberately undermining a competent worker by overloading and constant criticism.
I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you
That depends on the nature of the allegations and what the investigation has uncovered. There is nothing in law which says they cannot do that but it will be judged on the overall fairness and the reasons for doing so.
I am sorry but this is not part of the services we offer, we are jus a Q&A service, we do not do drafting
You can indeed but remember that sometimes the employer will pursue allegations or take disciplinary action even if it is not fair or you try and show why that is the case - in the end it could mean that the only way to challenge them is in tribunal
yes but try not to 'threaten' them as such, rather than make it clear that you will be considering all options, up to and including challenging this in tribunal if they decide to continue with the unfair process
no problem and thanks