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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74321
Experience:  Qualified Solicitor
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Workplace harassment, wales, I made a complaint last year,

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workplace harassment
JA: Where is this? It matters because laws vary by location.
Customer: wales
JA: What steps have been taken so far?
Customer: I made a complaint last year
JA: Anything else you want the Lawyer to know before I connect you?
Customer: there's any fees for this chat?

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

Please provide some more details about your situation

Customer: replied 1 year ago.
I started working for Wales and West Utilities las year in April and one of my colleagues didn't treat me very well, always aggressive towards me, making jokes with the rest of the team, being polite wasn't her thing, I had to complaint more than once to my manager, but because both of us don't work directly with WWU it's by Pertemps my manager forward the situation to Pertemps because he tried to speak with my colleague but with no result... Pertemps came to the office spoke with both of us and that was it. Now we are working from home and I am feeling everything I do she just jokes with or gets the opportunity of something that I do to complaint to my manager, I suffer from depression and anxiety, being at home I got decrease my medication, but I just want to know if I am exaggerated with things or not regarding my colleague and I wanted some advice on that

Thank you. Do you know on what grounds you are being treated like that?

Customer: replied 1 year ago.
no I don't... it is small things very other days she does that messes with me... like I don't have this contact in my system do you have it (I asked that because sometimes my colleague have contacts out of the system) and the answer is if your system doesn't have my system doesn't have it either... I was speaking now with. the helpline of bullying and harassment and they just told me they can't tell me if what she's doing is harassment or not... so who can tell me?
Customer: replied 1 year ago.
very = every

Thank you. Bullying at work 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.

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 victim should try and calmly and professionally 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 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.

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. There is a requirement for the victim to have at least 2 years’ continuous service with that employer (which does actually mean that those with less than 2 years’ service cannot make a claim and can effectively be bullied out with no recourse). However, the 2-year limit is not required if the grounds for bulling were discriminatory, such as because of gender, age, race, religion, disability, sexual orientation, etc.

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?

Customer: replied 1 year ago.
ok thank you

All the best

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