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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50178
Experience:  Qualified Solicitor
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I work NHS and past 6 months a new member of

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I work for the NHS and for the past 6 months a new member of staff, who I now discover, had already had problems, was moved to work with me on a reception desk. This person is late for work every day, has her mobile phone switched on permanently, ( which is not allowed), spends a large portion of the working day on personal matters, and is rude to staff and patients. I am weary from listening to complaints about her, and I tell each person who complains that I am not her supervisor, so cannot deal with the complaints. In addition she uses overly explicit sexual remarks on a daily basis, thumps me on the shoulder, even though I have asked her to stop, and throws things around the room, if I disagree with her. Our manager works on another site, and when I have eventually brought these matters to her attention, states we will have to go to mediation. I feel so stressed that I just want to leave my job of 8 years, but then think why should I ? Surely my employer should not have put me in this position with a known troublemaker.? She has also shown sexually explicit photos to members of staff who have been very embarrassed by them. I am 54 years old and although not a prude, her behaviour is completely unacceptable.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Your options in this situation are to first consider raising a formal grievance to officially bring this matter to the employers attention. They would have a duty to hold a grievance hearing with you to discuss the situation and then investigate your complaints and decide what, if any action should be taken. If you disagree with the outcome you have the right to appeal. If the appeal does not resolve the situation either then you are only left with one option and that is to resign and claim constructive dismissal in the employment tribunal. You would be arguing that the employer's unreasonable behaviour had made it impossible for you to continue working there and you were left with no other option but to resign. Any claim must then be submitted within 3 months of your employment terminating and you would be seeking compensation for loss of earnings
Ben Jones : Hope this clarifies your position?

I was signed off work with stress for 14 weeks in late 2013. When I returned to work, my phased return was done incorrectly. In view of my previous problems with stress, I find it unacceptable that this new member of staff was foisted onto me totally unsupervised. I feel bullied and my blood pressure is so high that my medication has been increased.

Ben Jones : Whilst I understand the effects this has had on you, in terms of pursuing this your rights would remain unchanged. The process for pursuing this would still be as described in my initial response above. Happy to clarify anything further if needed?
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