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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 77780
Experience:  Qualified Employment Solicitor
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I was verbally abused in work infront of work colleagues by

Customer Question

I was verbally abused in work infront of work colleagues by my boss,
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Privately owned they employ 8 people
JA: Where are you located? Harassment laws vary by location.
Customer: Liverpool UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My state of mental health was called into question
Submitted: 10 days ago.
Category: Employment Law
Expert:  Ben Jones replied 10 days ago.
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.
Customer: replied 10 days ago.
Ok
Expert:  Ben Jones replied 10 days ago.

I am sorry to learn your boss verbally abused, and with your colleagues present. Please provide some more details of the circumstances.

Customer: replied 10 days ago.
I was accused of kicking a canteen door open. I has asked permission ro make my self a coffee using that canteen by one of the yard lads.
The owner craig Houghton came striding over and began shouting asking why I had booted the door open? I protested that I had not and tried ro show him what had happened. His verbal onslaught continued. I went silent as I thought judging by his reactions that he may strike me physically. He and another employee then began ro insinuate that I has booted the door open because I was in a bad mood and have been with face on all week. This treatment has played on my mind all weekend and has caused me to stay off work seeking medical support. I informed the managing director by telephone text that I now belive my employment untenable
Customer: replied 10 days ago.
Any one there?
Expert:  Ben Jones replied 10 days ago.
Thank you for providing this information
Expert:  Ben Jones replied 10 days ago.

What exactly was said?

Customer: replied 10 days ago.
By ctaig, why have you booted the f**king door open?
Your not supposed to be up there.
Then i attempted to show him what happened. Craig said no ypuve booted that open your f**king lying. When I was trying to explain why I was using that canteen and that I had asked permission he kept talking over me . I went silent at that point as I thought he would physically attack me. Then he and a Mr flynn started saying it was because of my mental state of mind and I had had a face on all week. Craig said he was sick of me having a face on. This was all done in a loud vouce by both of them were other colleagues could hear what was being said
Expert:  Ben Jones replied 10 days ago.

Thank you for explaining this. So what is the situation at present?

Customer: replied 10 days ago.
I am nor in work at present I informed the other partner who happens to be the wife of craig that I belive my employment with them is untenable. I have been that concerned over my treatment that I have not slept all weekend and I have told her I am seeking medical support. 5 hours later she text me asking if I was off sick or not returning? And if I do return she will do a full investigation.
Customer: replied 10 days ago.
I have been with the company over 2 years and this is the first time anything like this has happened to me under thier employment
Customer: replied 10 days ago.
I fear that any investigation would be bias towards me as she would surely side with her husband and Mr flynn as he and his wife are close friends out side work.
Expert:  Ben Jones replied 10 days ago.

OK so have you left or have you taken time off?

Customer: replied 10 days ago.
That's why I am contacting you? My thoughts are the investigation will go against me resulting in a gross misconduct. Should I try for a constructive dismissal or just leave? I do not go to work to be treated in a manner what causes me fear for my safety, and to be treated without dignity in the work place
Expert:  Ben Jones replied 10 days ago.

OK so are you able to raise a formal grievance yourself at all? For the treatment you received as described?

Customer: replied 10 days ago.
I could put a letter together and post it. But do I have grounds for a constructive dismissal?
Expert:  Ben Jones replied 10 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.

Expert:  Ben Jones replied 10 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

It is probably unlikely that you would have a case for constructive dismissal at this stage and you need to give the employer the opportunity to deal with this and to try and take appropriate action. Only if this clearly does not happen and there is no plausible explanation for it, basically allowing such behaviour to continue, will you potentially have a claim.

At this stage, you need to pursue this through a formal grievance directly with the employer and give them the chance to formally deal with it.

You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally. That is when constructive dismissal may become more of a realistic option.

Expert:  Ben Jones replied 10 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 9 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.