Do you dread going to work because you are being bullied or harassed

DO YOU DREAD GOING TO WORK BECAUSE YOU ARE BEING BULLIED OR HARASSED?

If you feel unhappy, stressed and even ill because of the conduct of your Manager or a fellow employee, take action at once and do not just take sick leave and hope the problem will go away. It won’t. Such a situation should not be allowed to continue, since it may affect your health and ultimately your ability to do your job.

You may be unable to pinpoint what exactly has been happening to you because your Manager uses different tactics to undermine your confidence and humiliate you e.g.by

• Setting impossible targets.

• Changing instructions at short notice.

• Insisting that you work long hours.

• Criticising you in front of other employees.

• Checking your work at frequent intervals when other employees are not subject to such checks.

• Treating you unfairly.

• Making unkind and unfounded remarks including jokes aimed at you.

You should keep a diary of events from the outset with times ,dates and as much information as possible about each incident, including the words spoken and the names of those present. Keep any evidence to support your grievance.

Your employer has a duty of care to protect you from bullying and harassment and prevent it from happening. However you must bring your grievance to your employer’s attention by implementing the 3 step statutory grievance procedure and setting out your grievance in writing. You must follow the internal grievance procedure in order to be able to bring a claim in an Employment Tribunal.

Although bullying itself cannot form the basis of a claim to an Employment Tribunal, claims can be brought for various types of harassment for Race, Sex and Disability under the Discrimination legislation. Other laws permit claims to be brought for harassment and discrimination for example on the grounds of age, religion or belief and sexual orientation.

SETTING OUT YOUR GRIEVANCE

You should put all the instances of bullying and harassment in the letter to your employer, including dates, times etc, together with copies of any documents on which you intend to rely.

You should try to obtain signed statements from people who have witnessed the incidents complained of.

If you are in a Trade Union or have Legal Expenses Insurance get support and help with your grievance. You may also contact a solicitor or ACAS for advice and help.

It is often helpful to prepare a signed statement yourself setting out in detail what has occurred with as many examples as you can recall and attach all evidence e.g. copy emails, telephone attendance notes, letters etc. This should be sent to your employer at least 24 hours before the hearing. You can then rely on this statement at the hearing and avoid omitting to mention key matters, as a result of nervousness or distress.

You may ask your employer to ensure that the manager against whom your grievance is directed does not hear your grievance.

If your employer’s conduct is such that you cannot reasonably be expected to continue working there it may be possible to resign and claim Constructive Dismissal in an Employment Tribunal. You may also join the other employee(s) who have been harassing or bullying you in the proceedings as respondents. However before resigning and alleging Constructive Dismissal it is essential that you take legal advice.