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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44923
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm ***** ***** blow my question is I feel I am being

Customer Question

Customer: hi I'm ***** ***** blow my question is I feel I am being treated different at work this has gone on for a while lastest think was dragged into meeting with manager whom I feel bullying me I am boiler engineer currently working for Worcester boilers they had me in in july to see if I was contravening my contract as I fitted a boiler in my own time in 2008 I was found honest after pathtic investigation while some of my fellow engineers are openly avertiseing as a business on net with nothing said now I have been investigated for not doing my jobs in order my fellow engineers work same as me but they not been in for meeting and had thre tracker reports looked at
JA: Thanks. Can you give me any more details about your issue?
Customer: I feel bullied and harassed at work I work for Worcester bosch as mobile enginner had on going thing with manager for while he treid to stich me up over a jod as I fitted boiler for friend in 2008 in summer of this year boiler leaked so customer had to have new boiler but fitted by someone else customer wrote to Worcester and my manager attened got into row with customer and was asked to leave premises as all he interested in was nailing me for contravening my contract had investigation and I was cleared but he had it in for me I made notes to his manager but they seem to defend him latest call into meeting day before xmas was that I don't do my jobs in order my fellow enginners work same as me but none of them been spoken to
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Submitted: 11 months ago.
Category: UK Law
Expert:  Ben Jones replied 11 months ago.

Hello what are you hoping to achieve in the circumstances please? Also are you an employee or self employed?

Customer: replied 11 months ago.
Hello Ben, I am an employee
Expert:  Ben Jones replied 11 months ago.

Thank you. It may indeed be the case that you are a victim of bullying at work. Bullying is unfortunately something that happens all too often in the workplace. The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual subjected to it.

Under law, specifically the Health and Safety at Work etc 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 employee should try and 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 employee should consider raising a formal grievance with the employer by following the company's grievance policy. 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 take any action or the action they take is inappropriate, the employee would need to seriously consider their next steps. Unfortunately, employment law does not allow employees to make a direct claim about bullying. As such, the most common way of claiming for bullying is by resigning first and then submitting a claim for constructive dismissal in an employment tribunal (subject to having at least 2 years' continuous service with the employer). 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. However, this step should only be used as a last resort as it can be risky, after all it will result in the employment being terminated.

In general, a 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 often takes verbal form, 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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

Expert:  Ben Jones replied 11 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.