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Ask Employment Law |
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Remember: There is no substitute for legal advice on the actual
situation you find yourself in. The information posted on this site is for
general information only, is based on |
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Question: |
I’m being bullied by my
manager. What should I do?
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Answer: |
This
is a particularly difficult question to answer, and really any advice will
depend on the particular circumstances. There
are several options, which may or may not be appropriate in the particular
circumstances: ·
Have a word with your manager in question, and ask them to stop
bullying you. ·
Raise a formal grievance in writing with the HR Manager. ·
In extreme cases, you might feel left with no option but to
resign. There
is an implied term in employment contracts that "the employer shall
render reasonable support to an employee to ensure that the employee can
carry out the duties of his job without harassment and disruption by fellow
workers" (Wigan Borough Council v Davies 1979, Waters v Commissioner of
Metropolitan Police 2000). There
is a common law duty on an employer to take care of his employees, including
a duty to prevent ill treatment or bullying, quite apart from statutory
requirements. How this will apply in practice will depend on the particular
circumstances. Experiencing some degree
of unpleasantness from fellow workers may not of itself give rise to a breach
of that obligation. The employer will not be liable unless he knows or ought
to know that the harassment is taking place and fails to take reasonable
steps to prevent it. Bullying
at work may give rise to a claim of constructive
dismissal, but I’d generally recommend trying to negotiate an agreed
severance if you no longer feel that you can continue to work there. If the
bullying is connected to your sex, race, disability, sexual orientation,
religious belief or age, it may also give rise to a claim of unlawful
discrimination. It could also give
rise to a claim under the Protection
from Harassment Act 1997. If
you feel that the stress you are suffering is affecting your health, you
should see your GP. An increasing number of people get signed off sick with
work related stress. My personal view though is that getting signed off with
stress is unlikely to solve the problem and can if anything make it worse.
However some course of action to address the problem will probably be better
than just letting the situation continue. Last
updated: July 2010. |
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Employment
Solicitor Reculver Solicitors Tel
0207 324 6271 Regulated
by the Solicitors Regulation Authority ©
Reculver Solicitors. 2005- |
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