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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61846
Experience:  Qualified Employment Solicitor
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My boss is also the director and he does not like me. Today

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My boss is also the director and he does not like me. Today after a long weekend (had Thursday and Friday off holiday), I got an email at 5pm today saying that I made a massive mistake last Wednesday in a phone call which cost money. They said that they have it recorded but I haven’t heard it nor asked to hear it yet. Plan on that first thing tomorrow. I have zero recollection of the call and my colleague who I spoke to knows it’s not I mistake I would make. What they’re saying is stupid. I’ll ask for the recording tomorrow (is that the right thing to do?) they do not like me because I’m strong, but they have driving myself insane! What do I do? I feel that it’s a witch hunt or they they want me to Chuck in the towel. I’m at a loss and feel bullied. Any advice would be appreciated.
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no hr dept or later. Only been the 6 months
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, no union, private sector
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: im depressed.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked there for?

Customer: replied 13 days ago.
19/06/2019
Customer: replied 13 days ago.
I know it’s not long. Alarm bells rang when I asked about staff turnover. I have family in employment law but don’t want to burden them

What do you specifically want to know about this, please?

Customer: replied 13 days ago.
How can I stop him bullying me when he’s the director, highest in command, very racist and very sexist. I’m 40 and my colleagues are in their early 20’s who he obviously prefers! Do I just put and shut up??

Thank you. Bullying at work is unfortunately a rather common problem, which occurs more often than it should. What makes it even more difficult is that there is no specific legislation that deals with it, meaning there are limited options for the victims of bullying to take things further legally.

 

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; preventing individuals progressing by intentionally blocking promotion or training opportunities.

 

Under law, specifically the Health and Safety at Work 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 victim should try and calmly and professionally 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 victim should consider raising a formal grievance with the employer by following the company's own grievance policy, or sending a complaint in writing to their line manager. 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 adequately deal with the bullying issues, the victim would need to seriously consider their next steps. Unfortunately, employment law does not allow employees to make a direct claim for bullying. As such, the most common way of claiming is by resigning and making a claim for constructive dismissal in an employment tribunal. 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.

 

As a final pointer, the 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 is often verbal or through actions, 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 can be referred to if needed.

 

Does this answer your query?

 

Customer: replied 13 days ago.
Who can I raise a grievance with if my director is the grievance??

well there may not be anyone else, but another director perhaps or if not then you do not have to raise a grievance

Does this clarify?

Customer: replied 13 days ago.
Yeah, clarifies my position perfectly.. up shits creek. Thank you for your time

Can you please clarify why you left a negative rating for my advice please?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 13 days ago.
I’ve just had a bad day! I’ll change my rating. We all have a bad day at the office. Not your fault. Thanks ben

Thank you, hopefully tomorrow is better!

Customer: replied 13 days ago.
Proof I’ve just communicated with a god damned robot!!!!

Really have no idea how you came to that conclusion...I wish we had robots on this site which can provide this type of advice as it will make my job a whole lot easier

Customer: replied 13 days ago.
I work with them everyday difficult to distinguish between ��
Customer: replied 13 days ago.
Sorry. I’ve just had a really shit day :) you be made it tad better

ok well I am not a robot, I was just trying to empathise and say tomorrow will hopefully be better ...

Customer: replied 13 days ago.
Doubt it but hey ho soon be Christmas x

Agreed. All the best