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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60581
Experience:  Qualified Solicitor
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I work for a housing association one of my tenants has

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I work for a housing association one of my tenants has walked into the organisation's office and threatened to kill me , I have been advised not to return to my place of work until the matter is resolved .
Can I claim compensation for this ?

Hello, my name is Ben, I am a qualified lawyer and I will be assisting you with your question today.

Will your employer be paying you during this time?

Customer: replied 8 days ago.
Yes I am currently working at a different location

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Can I just check what you are seeking compensation for exactly? The threat?

 

Customer: replied 8 days ago.
The threat , the impact it's having on my mental well-being and also the fact that if the organisation decide not to evict the tenant I will probably have to look for another job

How long have you worked there for?

Customer: replied 8 days ago.
Nearly 4 years

Ok thanks. The actual threat would need to be reported to the police but you cannot realistically make a claim against the tenant for making it. There is no legal action available for compensation just for being threatened – had you been injured then a personal injury claim may have been an option but that is not the case here.

 

In terms of the rights against the employer, they have certain duties, both under common law and statute, in relation to the health and safety of their employees. These duties can be summarised as follows:

{C}· Under the Health and Safety at Work etc Act 1974 an employer has a general duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees.”

{C}· Ensure that places of work under the employer's control are, so far as is reasonably practicable, safe for work and without risks to health and safety

 

The Health and Safety Executive is the central enforcing body for health and safety law, so any breaches of health and safety can be reported to it if necessary.

 

However, health and safety failings can also amount to a breach by the employer of the implied term of trust and confidence. This is an implied term which exists in every employment relationship and its breach can allow the employee to consider resigning and claiming constructive dismissal, subject to having at least 2 years’ service. SO you would have to leave first before you can pursue that against them.

 

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

 

Does this answer your query?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 days ago.
Yes that's great thank you for your time

All the best