How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61253
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

At work place, to make one isolated means not to allow any

This answer was rated:

At work place, to make one isolated means not to allow any other colleague to sit adjoining my seat and to move a person sitting nearby at a seat not occupied by any member, does amount to harassment or not as it shows the prejudiced and vindictive attitude of the manager.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Why has your employer taken the decision to do this? Please provide some more information and also, please tell me how long you have worked there for?

Customer: replied 13 days ago.
Working more than 11 yrs and this happened as I had put a Complaint against him and it was upheld and he is harassing me making excuses that the person was talking but he didn't point out to the person before asking him to move

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.

It appears that you are the victim of bullying at work. Bullying is unfortunately a rather common problem, which occurs more often than it should. What makes it even more difficult is that there is no specific legislation that deals with it, meaning there are limited options for the victims of bullying to take things further legally.

 

Although there is no legal definition of bullying, the Advisory, Conciliation and Arbitration Service (ACAS) defines it as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Examples given are: spreading malicious rumours, or insulting someone by word or behaviour; exclusion or victimisation; unfair treatment; overbearing supervision or other misuse of power or position; making threats or comments about job security without foundation; deliberately undermining a competent worker by overloading and constant criticism; preventing individuals progressing by intentionally blocking promotion or training opportunities.

 

Under law, specifically the Health and Safety at Work 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:

 

{C}1. First of all, and if appropriate, the victim should try and calmly and professionally resolve the issue informally with the person responsible for the bullying.

{C}2. If the above does not work or is not a viable option, the victim should consider raising a formal grievance with the employer by following the company's own grievance policy, or sending a complaint in writing to their line manager. This formally brings the bullying issue to the attention of the employer and they will have a duty to investigate and deal with it.

{C}3. If, following a grievance, the employer fails to adequately deal with the bullying issues, the victim would need to seriously consider their next steps. Unfortunately, employment law does not allow employees to make a direct claim for bullying. As such, the most common way of claiming is by resigning and making a claim for constructive dismissal in an employment tribunal. 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.

 

As a final pointer, the 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 is often verbal or through actions, 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.

 

Does this answer your query?

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Customer: replied 11 days ago.
Thanks for your reply to my query and I'll take care of these.

All the best

Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 hours ago.
Sir, please determine this behaviour, being harassment or not?
Keeping me out of my duty area cause of investigation in a case against me, nearly 6 months being vindictive, with instructions not to enter that area and also sign at a different place whereas any case is to be closed within a month. As per these time scale, keeping me out, amounts to harassment or not. As it has been denied to investigate by the adviser because the Manager didn't use harsh words or spoke rudely. But his behaviour shows his prejudiced and vindictive behaviour
Customer: replied 8 hours ago.
It's better online

Hello, thanks for getting in touch. We do kindly ask that customers post any related follow up queries within 7 days of submitting their original question. After that time, if you need further support, we kindly request that a new question is posted as we cannot offer indefinite assistance under one query. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' as I am familiar with your case and can deal with it most efficiently. Many thanks