UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Thanks for your question.
Firstly, you must have followed the statutory grievance procedures in place in order to make a claim for constructive dismissal of this type. I note you have spoken to the partners informally about it, but you should really formalise it by writing to your line manager/HR representative setting out your complaint and stating formally that you wish to raise a grievance. The statutory procedure is there for this reason, there is a set process (grievance request - meeting - appeal) and you may be accompanied by a work colleague. Information here:-
You do have the right not to be bullied or harassed at work. Your examples appear to be borderline (although the not updating on work matters is certainly the worst if it affects your ability to do your job) but probably not quite bullying, or passive bullying of exclusion. Here are some examples of things that certainly are bullying:-
You are probably suffering exclusion from these two women, albeit of a relatively benign kind (please do not take this as unsympathetic - I'm sure it is not pleasant). If there is other behaviour that fits in to the above then include this in your grievance, specify in the grievance that you are primarily concerned with the effect it may have on your work.
If you consider that you may ultimately make an employment claim for constructive dismissal (but I would advise against this unless the behaviour gets worse) then it would be useful for you to make a retrospective diary of the incidents, the more detail you give the more easily people will attach credence to your statements. You could consider going and seeing a doctor - not to medicate, but merely to gain documentary evidence that you are under stress, this again will add credibility to you position.
Hopefully, your employer and the two women in question will get prompted by your raising of a grievance in to modifying their behavior. I hope things get better for you.
Finally things get worse or you need immediate advice on the grievance procedure you can call ACAS for free on 08457 47 47 47.
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
The example you have just given about effecting the work you do is a stronger example of bullying. The problems you have had in getting them to react to the situation might be because of the informal communication of your complaint. They are probably hoping that your complaint will "just go away".
Write a formal letter and specifically state you wish to initiate the statutory grievance procedure, set out the examples of bullying and tell them that look forward to hearing that they have arranged a meeting where they can address our grievance with 7 days. If they do not do this then it will prejudice any defence they raise in future in an employment claim the make (they will be punished for this - not following statutory grievance procedures are very serious indeed)
My own personal opinion is that they are bullying you, but my personal definition is slightly different to the legal definition. Initially, when you listed ignoring you and not making you drink I thought this to be impolite as opposed to bullying under the legal definition. The examples you have give where their behaviour has affected you work is probably bullying as legally defined. This still does not yet entitle you to treat yourself as constructively dismissed because you have not formally initiated the grievance procedure.
Initiate the procedure by writing to them in the above described way. If they mishandle or ignore the grievance then you will have an considerably stronger case to claim constructive dismissal against your employer.
Good luck, please kindly click accept.
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