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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50209
Experience:  Qualified Solicitor
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I work for a small family run engineering business 18yrs this

Customer Question

I work for a small family run engineering business 18yrs this year everything was fine
Until the daughter came to work. The MD is trying to take a back seat and let his daughter
And son in law run the business a few weeks ago the wages clerk was asked to put his daughter
On the payroll for 300 pounds per week no intention of coming into work she is actually still in 6 form studying. I was not happy about this as daughter and son in law come and go as they please
Don't clock in and out take longer than 30 min lunch break so I approached the MD with my concerns.HE
Says he had know idea his grandaughter was put on the payroll and would look into it.
MD approached me today and asked me how I found out aboit his granddaughter
Being on the payroll well I gave her dad a pay note every Friday and I seen the
Note on the desk asking wages clerk to put her on payroll. The daughter and son I'm law don't speak yo emits been very strained for the last 2 years I know for a fact it is going yo get
Ten times worse because I've spoken to the MD where to I go from here
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Apart from not speaking to you, are they doing anything else that affects you?

JACUSTOMER-voysi7t1- :

Two of us in the office Lynn does payroll and accounts I do sales invoices they have started to come in office any sales queries they ask Lynn it's like I'm invisible. I know now that I've questioned what they are doing it is going to get worse my card is well I truly marked now. They have a solicitor friend they keep bringing in last year I questioned why they were putting personal petrol receipts through the books to be told its git nothing to do with me. Solicitor told them it was minor fraud and they shouldn't be doing I questioned the same issue again cos they continue to do this. They also started their. Daughters boyfriend but they put him on others daughter payroll for 6 months until he starred his apprenticeship in September another minor fraud. I'm just really annoyed cos they tried to accuse me and Lynn last year

Ben Jones :

The behaviour you are experiencing could be tantamount to bullying, which is unfortunately something that happens all too often in the workplace. 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 subjected to it.

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. 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 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. 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 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 (subject to having at least 2 years' continuous service with the employer). 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. However, this step should only be used as a last resort as it can be risky, after all it will result in the employment being terminated.

In general, a 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 often takes verbal form, 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 the employer and/or the tribunal can refer to.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks