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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75097
Experience:  Qualified Solicitor
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I want to get a restraining order on a colleague at work do

Customer Question

Hello, I want to get a restraining order on a colleague at work do you think that would be a good idea?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the Uk I have talked to a solicitor and he said yes I could but just want to know if it'll work
JA: What steps have you taken so far?
Customer: I have been suspended from work because of this girl as she started a fight with me and made up false information which ended up with me suspended and I looking to take steps to get a restraining order against her and sue the company if possible
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No thats it. Thank you
Submitted: 15 days ago.
Category: Law
Expert:  Ben Jones replied 15 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 15 days ago.
Hello, i'm Amy. Yes thats okay. Thank you
Customer: replied 15 days ago.
Sorry I can't affort £44 for a call. Thanks anyway
Expert:  Ben Jones replied 15 days ago.

Hi there Amy. Please explain your situation in some more detail

Expert:  Ben Jones replied 15 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 15 days ago.

Without the requested information, I can only provide you with general information, which hopefully will still be useful to you. First of all, I am sorry to hear about the issues you have experienced in your situation.

Legally, you an try and get a restraining order against her, but practically, it may be difficulty to enforce. It is one thing to have a restraining order against someone in society, another thing against someone in work, especially as the employer ha control over what they do, where they work, who they work with etc. I would not recommend it to be honest, not in these circumstances.

In terms of challenging the company, you can initially raise a formal grievance about it.

You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.

As to suing them, you cannot just make a claim for anything yet, the only way to challenge the employer would be to wait to be dismissed and then claim for unfair dismissal, or resign because of what has happened and then claim for constructive dismissal. You do, however, need 2 years service for either claim so it means that if you do not have that, you are left without many rights to challenge them.

Customer: replied 15 days ago.

Hello, sorry for the late reply. Your responds has been very helpful thanks !

Expert:  Ben Jones replied 14 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best