9 April, 2017
When you go to work you should expect to be treated fairly and valued as an employee. It is hoped that you do not have to fear getting to your workplace and be mistreated as you try to do your job.
Did you know that in the year 2015/16 nearly 26 million working days resulted in absences due to work related illnesses as informed by the Health and Safety Executive? Stress from workplace mistreatment is an element that causes people to take time off work on average 3 times much longer than you would for a work related injury.
Harassment and intimidation are not permitted in the workplace as enforced by the Equality Act 2010. Harassing someone where you make them feel frightened or miserable can be considered as bullying if it links to a protected characteristic which you can find in the Equality Act 2010. Individuals can suffer from this type of unfair treatment in various ways and it is not always immediately apparent. Have you been affected by the following?
“Harassment is a form of discrimination as stated in the Equality Act 2010.”
Bullying is not always easy to determine and the law surrounding this type of victimisation is complex. If you are at the receiving end of being improperly treated at work and are seeking help, you need a competent employment rights solicitor to make the correct distinction for you.
A lawyer will tell you that bullying in itself is not unlawful, yet actions that are regarded as harassment is illegal. Any unwelcome conduct which makes hurtful links to the following is what can turn bullying into a prohibited act:
You should not be victimised and have your life made difficult by your manager, employer or boss. There are things you can do to try and sort the matter out, but if it fails and there is an element of discrimination in how you are treated then you can find the law on your side.
If you are being bullied and feeling distressed or being treated unfairly by your boss, you need to tell someone appropriate. Usually, if you can report to a line manager at work about the discriminating behaviour, that’s fine, otherwise approach HR or talk to a representative from your union if applicable.
Keep a diary or a list of events where you have been bullied or harassed. Be sure to add date, time, place and even any witnesses.
After the appropriate personnel has been informed and if the unwanted behaviour continues, you need to get in touch with our employment right lawyers to see if you can take your employer to an employment tribunal or take legal action against the offending person.
You can approach us if you feel unable to talk someone or your workplace does not have a grievance policy in place. We can legally advise you on the right course of action to take to ensure that you get the best outcome.
Unfortunately, sometimes a case of bullying is not related to a protected characteristic and is not defined as unlawful. However, with unsafe levels of distress and anxiety caused by bullies, people are often forced to resign as they are unable to continue working effectively. This action can give you the grounds for a constructive dismissal case to present in a trial against your employer.
Constructive dismissal, constructive discharge and constructive termination are all the same in employment law. It indicates the end of an employee’s obligations and permits the right to claim against the employer.
Constructive dismissal arises when an employee is forced to resign due to the employer’s conduct in creating a hostile environment to work in. Even if another employee is responsible for the bullying and harassment, the employer is held accountable for allowing it to happen. When a notice is handed in due to these conditions then it can be considered as not voluntary, thereby terminating a work contract.
If the harassment you are suffering is serious, or you think you might have a case for constructive dismissal, get in touch and we can help you. We have many years of experience in employment law and unfair treatment cases to offer you the best outcome with our 101% compensation guarantee.
Remember, if you have taken all reasonable steps to resolve the bullying and harassment before you go forward with a hearing, be prepared to give details of what you have tried so far. Being discriminated against is not pleasant and we aim to support you with your claim for unfair treatment quickly and provide helpful tips where possible. You can call us on 0800 2922 182 for legal advice or to begin your claim.
Send Details For Assessment By Our ExpertsKeep up with the good work! You have been really great and professional in dealing with my pregnancy discrimination and unfair dismissal claim. Thank you for negotiating for almost £15,000 for my settlement.
I was very satisfied with the level of service provided by 101% Compensation, the advice given was clear, helpful and easy to understand. I would definitely recommend to family and friends.
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