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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49839
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am having problems in work due to feeling I am being pushed

Customer Question

I am having problems in work due to feeling I am being pushed out of my job
it began last year when I had a change of area manager who was unreasonable with me and informed me after I had an mbo done with her I should leave my job and work for someone else in her opinion I was not the right image for the company I have been working for my company for 7yrs I did complain to her boss and made my feeling quite clear the matter was dropped my old area manager return after her maternity leave however things have started to happen again with me she is forever finding fault with me and when I get store visit she is marking me down over silly things such has a little dust in the display cabinet telling me I had to put pressure on a team member to leave I said no this is not correct and wont do it so now I feel she is putting pressures on me and expecting to complete new procedures with out any training I had enough last week and handed in my notice she then e-mailed me saying please think about it and let her know Monday I retracted my notice but things are going bad to worse now she has been sending reports to hr how I have not completed things.
and when I asked her has she expected my notice she replied she wanted a meeting with me and hr to look at the issues this I agreed on which should have been today from her email she sent me yesterday the e-mail informed me it would be in my area around 9.30 I finished work at 5.00 and received no e-mail from her telling me where so I went in this morning and revived an e-mail saying it was cancelled and it will be re scheduled I must do a business report for them and bring any e-mails she has sent me this is now a formal meeting taking place I am now under a lot of stress and going to see my doctor in the morning I had a throat operation and they removed my thyroid glands around 2ys but I get a swelling in my throat when stressed I was told to go straight back if this happens due this being brought on by stress. I feel I cannot return back to work I am very stressed out.
many thanks ivy
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. What specific queries do you have about this situation?
JACUSTOMER-x3zcbjha- :

hi ben

JACUSTOMER-x3zcbjha- :

my queries are what are my rights to the way I am being treated ?

JACUSTOMER-x3zcbjha- :

is there anything I can do to stop the bullying?

JACUSTOMER-x3zcbjha- :

I have been to my doctor today who has put me of work for 14days with stress due to work.

JACUSTOMER-x3zcbjha- :

my medication has been beta blockers and rest.

JACUSTOMER-x3zcbjha- :

this sick note will be forward to hr.

JACUSTOMER-x3zcbjha- :

can you please advise me on what may happen with hr.

JACUSTOMER-x3zcbjha- :

thanks ivy

Ben Jones :

Hi Ivy, bullying 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.

Hope this clarifies your position? If you could please let me know that would be great, thank you