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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68988
Experience:  Qualified Solicitor
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I am being bullied at work and im mentally drained i cry

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I am being bullied at work and im mentally drained i cry myself to sleep every night after my shift and hate going in the next morning, i have written many emails to the managements managers to no satisfaction. Its as if they are in it together, i have mentioned to them that they are bullying me but get nothing and the bullying continues. Its taken a mental toll on me and i am so depressed, there is no career development and alot of favouritism and illegal promotions without job advertisment. There are many employees who hate it here too but i feel like mentally its hitting me hard as they make me feel low, isolated and unwanted. If you can not help me then its fine just would appreciate it if you let me know and not ignore me
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Manager yes HR yes Union yes Lawyers i dont know how it works so im trying to find help
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No just that after i reported illegal behaviour then i started receiving hardcore bullying, just how do you prove bullying and mental abuse and discrimination on my age, size etc

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.

How long have you worked there for? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 1 month ago.
2 years and 5/6 months, started 28th January 2018

Many thanks for your patience. 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.

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:

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.

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 month ago.
thank you, ***** ***** i really thought bullying could be dealt with in court but i see what you are saying this is just sad and hope someday bullying can be seen as a thing in court before resigning

Hope so too, it is one of the great failures of the UK employment legal system in my opinion

Customer: replied 1 month ago.
Also if individuals have been promoted without the job role being advertised ? and they got promoted after an injury and couldn’t carry out the physical work ?

There is no legal requirement for a job to be advertised before someone is appointed in it, even in these circumstances

Customer: replied 1 month ago.
Is there not anything that can be done because everything you said about “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” is what is actually happening im sure there are ways to this without having to have me quit my job. Even the health and safety act aspect fits into my struggles i have also sent numerous emails of the bullying harassment and discrimination i go through on many emails but get poor response and always management being defended. Im sure the British government have not let employees down as such. Please I'm so depressed i get intimidated, harassed, singled out, they make me feel isolated. I have all the emails of me saying please stop doing what you're doing its illegal etc there must be something they microscope me they abuse their position of power they genuinely spread rumours too which is sickening. Please i am begging you there must be something you can do ?

Hi, all I can do is provide you with what the law says and as mentioned, you cannot make a standalone claim for bullying, unless there was discrimination. So you will have to follow the three steps I explained above to try and resolve this but eventually there may be no other option but to leave. I am sorry but all I can do is explain the actual legal position and that will not always be as you may hoped or expected

Customer: replied 1 month ago.
Thank you

You are most welcome

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