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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75915
Experience:  Qualified Employment Solicitor
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I work for a property agent and they have relationships with

Customer Question

Hi, I work for a property agent and they have relationships with other agents. I have experienced a serious bullying that left me felt very indimitated from one of the people I am working from this partnership agent and my boss is not doing anything. How could I resolve this that the bullying would stop?
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: private sector, 8 employees
JA: Where are you located? Harassment laws vary by location.
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 7 days ago.
Category: Employment Law
Expert:  Ben Jones replied 7 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 7 days ago.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 7 days ago.
For about 3,5 months
Customer: replied 7 days ago.
Basically I work for a property investment company and we represent the buyers. We have some partned relationships with the agents that represent vendors. My job is to make sure that deals get completed and chase clients. Usually I am provided with all contact details of our buyer (the sales person who closed them will provide) but since these were some "special clients" of our saleperson and he declined to share the number beacause he has some other deals with them going on with them. I was only provided with email and therefore had only very little control over them. My boss and everyone eventually agreed with this situation. However, they were difficult clients to chase and manage and eventually the deal fell through. Now the people from that agent who represented the vendor accuse solely me for the deal to be lost. However, I can't tell them that this was different than other situations because I was not having a full control. Now, I'm been accused (even though it wasn't really my fault). They are using heavy language and harrasing me that howcome my boss hasn't already fired me. What should I do in this situation and what actions can I take?
Expert:  Ben Jones replied 7 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

Because the bullying is coming from a third party, you cannot force them to do anything to deal with this and your best option would be to go through your employer.

However, they also cannot force that agent to do anything about it and all they can realistically do is highlight this and raise their concerns and disappointment that it is happening. Of course, they can say that they will cut their ties with them if this continues, but that is not something they have to do and they have to consider what is more important to them – retaining you or their partnership with that agent.

In the end, if you are bullied and the employer is not doing anything to try and deal with that, your only option would be to resign and claim constructive dismissal. There is, however, a requirement for the victim to have at least 2 years’ continuous service with that employer (which does actually mean that those with less than 2 years’ service cannot make a claim and can effectively be bullied out with no recourse). However, the 2-year limit is not required if the grounds for bulling were discriminatory, such as because of gender, age, race, religion, disability, sexual orientation, etc. I can see no evidence that discrimination is at play here, which means that you could be left with the option of either staying there and maki ng the best of the situation, or leaving, without the ability to make any sort of claim about it.

Expert:  Ben Jones replied 7 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 7 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 6 days ago.
The work place makes jokes about blonde moments (although there’s 2 blonde women in the office). Also, one time our CEO called some other third party (female) and said “pick up you bitch” and then looked at me and said ops sorry I forgot we have women here too. (The office is heavily male-dominated). They also provoke aggression in me, such as, someone did something wrong and when I get angry then other guys are clapping their hands that “Estella, go get him etc”. I’m also given unreasinable workload (sales progressor + managing the admin and office space) while getting paid only minimum wage in London. Plus the first 3 months he paid me little under minimum wage ( I have already raised it with HMRC). Does this sound like a hostile work environment so that I could have the constructive dismissal? Would you say that whatever happens the law could be in general more on my side?
Expert:  Ben Jones replied 6 days ago.

The examples you provided – are they from your employer or from this third-party agent?

Customer: replied 5 days ago.
The first example that I wrote was from a third party but the second is from my employer.
Expert:  Ben Jones replied 5 days ago.

Ok thanks. If you are being bullied, or treated detrimentally due to a protected characteristic, such as gender, race, religion, age, etc then that is when you can have a potential claim for discrimination. However, you have to appreciate that not always is the behaviour due to a protected characteristic, and it is just a coincidence that it may appear that way, when in fact it is due to something else (e.g. simple personality clash). Still, that does not stop you from trying to take it further if needed.