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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 78227
Experience:  Qualified Solicitor
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I am currently going through a tome at work where I am being

Customer Question

Hello, I am currently going through a tome at work where I am being bullied by my manager. She has just offered me a protected conversation so looking for advice on what I need for this
JA: When did this begin? Was the work environment intimidating, hostile, or abusive?
Customer: around 3 months ago, all of the above really, my next step was to raise a formal grievance but I doubt this would be handled correctly but she has now offered this
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: private, game development, around 60 employees
JA: Where are you located? Harassment laws vary by location.
Customer: Dundee, Scotland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have a disability but I don’t believe it’s due to that, I started early menopause due to radiotherapy which has made me unwell, it seemed to start then
Submitted: 18 days ago.
Category: Scots Law
Expert:  Ben Jones replied 18 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 18 days ago.

I am sorry to learn of the difficulties you have been experiencing at your place of work. Please provide me with some more details of what exactly has been happening.

Customer: replied 18 days ago.
Hello, after going off for 2 weeks with early menopause symptoms, due to radiotherapy, my line manager, who has always been an issue in my workplace, has started bullying me (I do have evidence of this) public berating, micromanagement, ignoring in the office with everyone else around. We have just had a discussion there, and the outcome was her offering me a protected conversation, I would just like some advice please
Expert:  Ben Jones replied 18 days ago.

OK no problem. So how long have you worked there for?

Customer: replied 18 days ago.
2 years 8 months
Expert:  Ben Jones replied 18 days ago.

Thank you, ***** ***** can I just check what you are ideally hoping for, given the circumstances, so that I can best advise?

Customer: replied 18 days ago.
I really need to leave there, but not sure how to deal with a protected conversation
Expert:  Ben Jones replied 18 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 18 days ago.
Thank you
Expert:  Ben Jones replied 18 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 18 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

If there is some kind of dispute between you and the employer, which can include you being the victim of bullying or not being treated fairly, you do have rights but when it comes to bullying the only way to pursue these is to resign and claim constructive dismissal.

There is a possible alternative solution to this, which could avoid the need for legal action. That is where one party approaches the other on a 'without prejudice' basis (i.e. off the record and with protection against these discussions being brought up in future legal proceedings) to try and discuss the possibility of leaving under a settlement agreement. This can be done by asking for a meeting, or it can be done in writing, via letter or email. Under a settlement 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 the Employment Tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything.

Do not overthink it – it is a no-strings-attached conversation which will be kept confidential, where you can see what the employer has to propose and you can consider if it is something you may be interested in. If it is not, then you van also negotiate with them to try and reach an amicable outcome.

If no resolution can be reached, you should be allowed to return as if no such discussion had taken place, and then decide how to proceed, such as whether to resign and claim for constructive dismissal.

Expert:  Ben Jones replied 18 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 18 days ago.
That's fine, thank you
Expert:  Ben Jones replied 18 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.