Bullying in the work place

[swifty]

I have a friend who works as a cleaner for DW Sport who is being bullied by other members of staff, she has brought it up with the branch Manager who had a word with the main culprit and it has now escalated with other members of staff joining in.
Every time one of them approaches her they make out that there's a nasty smell and ask loudly where it's coming from, she's not an outspoken type of person and (how should I put this) not very well educated.
She is now suffering from depression with the whole situation and doesn't know what to do, she knows she can't quit because she doesn't have a lot of money (we help her out when ever we can).
She's tried getting another job elsewhere but DW make it impossible for her as they've told her if she looks for another job elsewhere she will be sacked on the spot, and it's also an instant dismissal for having a facebook account :tinysmile_hmm_t2:

What is her best course of action?

[bluebottle]

Re: Bullying in the work place

Hi Swifty.

It sounds to me that this Branch Manager needs to get their rear end into gear and escalate matters where the main culprit is concerned. Not only is the employer in breach of their obligations under health and safety legislation in allowing an employee to be exposed to unnecessary stress, the management may also be exposing the business and, possibly, themselves, to litigation under the Protection from Harassment Act 1997. In the case of Majrowski -v- Guys and St Thomas's NHS Trust, the employer was found liable, after its employees had pursued a course of conduct against the Claimant - Majrowski - and was hammered to the tune of around £250,000 in damages.

As far as the issues relating to seeking alternative employment and having a Facebook account are concerned, I will bump this thread for one of our Employment Law specialists to look in, but I, personally, doubt a court or an Employment Tribunal would be too impressed if a claim was made against the employer for dismissing an employee under such circumstances.

BUMP for an Employment Law specialist, please

[swifty]

Re: Bullying in the work place

I'll tell her to make a formal complaint to head office naming the main culprit (who is a receptionist) and the other employees one of which is a manager, (not the branch manager).
I suppose she could go to the doctors and get signed on the sick with depression, the only problem with that is she fears she will lose her job and have no money coming in the house.
She was in tears earlier telling me she can't face going in to work on Friday and having to put up with the bullying

[Tools]

Re: Bullying in the work place

I have a friend who works as a cleaner for DW Sport who is being bullied by other members of staff, she has brought it up with the branch Manager who had a word with the main culprit and it has now escalated with other members of staff joining in.
Every time one of them approaches her they make out that there's a nasty smell and ask loudly where it's coming from, she's not an outspoken type of person and (how should I put this) not very well educated.
She is now suffering from depression with the whole situation and doesn't know what to do, she knows she can't quit because she doesn't have a lot of money (we help her out when ever we can).
She's tried getting another job elsewhere but DW make it impossible for her as they've told her if she looks for another job elsewhere she will be sacked on the spot, and it's also an instant dismissal for having a facebook account :tinysmile_hmm_t2:

What is her best course of action?

Hi, firstly, how long has she worked for DW and on what basis, part time or full time?

Was her complaint to the Branch Manager official or "a quiet word"? She needs to make it official if she hasn`t already and preferably in writing to her Branch Manager. If she is then unhappy with the outcome or the abuse continues, she can escalate it further and MAY have grounds for constructive dismissal. Any bullying in work, and if she also becomes bullied outside work by the employees e.g Facebook, she needs to document this for evidence.

If you could ask her to join the site and add to this thread that would be very helpful, I am sure she already appreciates your help and you could also continue here too.

As far as I am aware, she cannot be dismissed for having a Facebook account, what she does personally in her own time is her business. As long as she does not use company equipment to access Facebook (or for any other purpose other than authorised to do so) and does not do it on her own equipment during her work time there is nothing they can do about it. If she is using her account to insult her employer, fellow employees or customers however, the company do have a right to discipline her for this.

It would be very helpful if you could have a copy of her employment contract and any guidelines handy for any other questions asked here too.

If she does not make here employer (and by the sounds of it fellow employees) know she is looking for another job, in her own time using her own equipment (computer/phone etc) without affecting her attendance in her job, again, if they do not know or are unable to prove this, there is nothing they can do.

I

[Tools]

Re: Bullying in the work place

Sorry our posts crossed, I know it can be hard but she would be better continuing to attend work until it has escalated, otherwise she may be seen as just throwing a sickie, giving them reason for dismissal

[bluebottle]

Re: Bullying in the work place

I'll tell her to make a formal complaint to head office naming the main culprit (who is a receptionist) and the other employees one of which is a manager, (not the branch manager).
I suppose she could go to the doctors and get signed on the sick with depression, the only problem with that is she fears she will lose her job and have no money coming in the house.
She was in tears earlier telling me she can't face going in to work on Friday and having to put up with the bullying

She doesn't have to and should not put up with the bullying.

I would strongly advise your friend to speak to ACAS before she escalates this matter to head office level. ACAS is a government agency that provides impartial advice to both employers and employees and also offers mediation services.

The final paragraph of your post is very telling as it clearly indicates the bullying is causing your friend to suffer stress attacks, which is what the crying most likely was earlier. Creative stress is good for us, but the sort of stress your friend is being subjected to is destructive and can cause physical illnesses as well as psychological issues. As well as speaking to ACAS, it would be advisable that your friend also sees their GP.

[swifty]

Re: Bullying in the work place

Hi, firstly, how long has she worked for DW and on what basis, part time or full time?

Was her complaint to the Branch Manager official or "a quiet word"? She needs to make it official if she hasn`t already and preferably in writing to her Branch Manager. If she is then unhappy with the outcome or the abuse continues, she can escalate it further and MAY have grounds for constructive dismissal. Any bullying in work, and if she also becomes bullied outside work by the employees e.g Facebook, she needs to document this for evidence.

If you could ask her to join the site and add to this thread that would be very helpful, I am sure she already appreciates your help and you could also continue here too.

As far as I am aware, she cannot be dismissed for having a Facebook account, what she does personally in her own time is her business. As long as she does not use company equipment to access Facebook (or for any other purpose other than authorised to do so) and does not do it on her own equipment during her work time there is nothing they can do about it. If she is using her account to insult her employer, fellow employees or customers however, the company do have a right to discipline her for this.

It would be very helpful if you could have a copy of her employment contract and any guidelines handy for any other questions asked here too.

If she does not make here employer (and by the sounds of it fellow employees) know she is looking for another job, in her own time using her own equipment (computer/phone etc) without affecting her attendance in her job, again, if they do not know or are unable to prove this, there is nothing they can do.

I

She's been working in the same place for 2 and a half years, I say same place! DW bought out JJB about 2 years ago. She was originally contracted to work 30 hours a week but they cut her hours down to 16-20 hours a week.
It was a quiet word she had with the branch manager who then I believe had a word with the culprit, it then esculated with other employees joining in.

Unfortunately she can't join as she doesn't have a PC and the only PC she has access to is her daughters who is going through a divorce at the moment , she usually comes to me for help and advise.
I'll ask to see her contract of employment and relay the contents to you.

[swifty]

Re: Bullying in the work place

I've asked (lets call her 'B') to come round tomorrow late afternoon and her contract of employment and to give a more in depth account of whats been happening, I'll log on around 5pm/6pm and we'll go from there

[charitynjw]

Re: Bullying in the work place

Hi swifty,

Workplace bullying and harassment

https://www.gov.uk/workplace-bullying-and-harassment

For case law on the subject - http://www.bullyonline.org/action/caselaw.htm

Although it's not a bar to legal action, an Employment Tribunal or court would expect 'B' to submit a formal grievance.
The procedure should be available in the company handbook, or via their intranet.
ACAS give a 'default' procedure - http://www.acas.org.uk/media/pdf/s/o...n-may-2012.pdf

If the bullying is ongoing, timeframes are less of an issue, but best to be aware that the time allowed for ET complaints is normally 3 months (less 1 day) for unfair/ constructive dismissal claims.
An alternative would be a breach of contract claim via the civil court (breach of duty of care - Health & Safety at Work Act 1974
http://www.legislation.gov.uk/ukpga/1974/37/section/2

2General duties of employers to their employees.

(1)

It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Company solicitors like to refer to incidents as 'discrete' (separate & unconnected); this way they can try to dispose of them one at a time.
Obviously it is much better for 'B' to show that it is an ongoing campaign.

[swifty]

Re: Bullying in the work place

Just had a quick look at DW Sports website http://www.dwsports.com/
I see they're on Facebook https://www.facebook.com/dwsportsfitness 'do as I say, not as I do' springs to mind!

[bluebottle]

Re: Bullying in the work place

The fact that the bully has recruited others to join in means that not only is the bully vulnerable to legal action, along with the employer, but so are those the bully has recruited and appears to be encouraging to harass B. I'm attaching a copy of the Protection from Harassment Act 1997 for yours and B's information. The sections that would apply, in B's case, are Sections 3 and 7. However, Section 1 shows how the law describes harassment.. If you require any clarification, come back onto the thread.

[swifty]

Re: Bullying in the work place

Just had 'B' around and all the info I have is as follows:
She's worked there for 5 years, first with JJB until DW took over 3 years ago.
She was contracted to work 37.5 hours per week until last year when they got her to sign a new contract which dropped her down to 30 hours per week, they told her everyone is signing the updated contract so she has to as well (one person refused to sign it and was kept on at 37.5 hours per week)
She now knows not to sign anything until she is happy with the contents.

She doesn't know the name of the main culprit and the others who are bullying her, so I've asked her to find out their names so we can document it in the formal grievance letter, she said she's in tomorrow and she'll try her best to get their names.

I haven't seen her contract of employment because she said she couldn't find it, I told her it's important that we see it so she's going to have another look for me and hopefully drop it off on Saturday/Sunday.

She said she'll go in tomorrow and see what happens, if the bullying is still going on then she'll make a formal complaint to the branch manager on Monday.

I did mention to her her rights as an employee and her employers responsibilities their employees and also the procedures that have to be followed while making a complaint.
I also told her that if nothing is done then she could take the company to a tribunal for constructive dismissal, but she would need to leave the company via a visit to the doctors.
She was concerned that if she took this root then she'd be even worse off financially than she is now (I'm not to sure on this issue) surely she'd be entitled to SSP, council tax rebate and help with he rent on her council house?
She on minimum wage which is what about £7 an hour which would be around £210 a week before tax and national insurance so not sure what she would get if she quit her job??

[bluebottle]

Re: Bullying in the work place

Just had 'B' around and all the info I have is as follows:
She's worked there for 5 years, first with JJB until DW took over 3 years ago.

She was contracted to work 37.5 hours per week until last year when they got her to sign a new contract which dropped her down to 30 hours per week, they told her everyone is signing the updated contract so she has to as well (one person refused to sign it and was kept on at 37.5 hours per week). She doesn't have to sign a contract that is to her detriment. An employer who sacks someone for refusing to sign a contract runs the risk of being found to have wrongfully dismissed an employee at an Employment Tribunal.
She now knows not to sign anything until she is happy with the contents.
Sensible lady.
She doesn't know the name of the main culprit and the others who are bullying her, so I've asked her to find out their names so we can document it in the formal grievance letter, she said she's in tomorrow and she'll try her best to get their names.
Naming them individually is important. If B has to go to the extent of taking formal action to restrain them, due to the employer taking no action, then the names of those responsible will be vital.
I haven't seen her contract of employment because she said she couldn't find it, I told her it's important that we see it so she's going to have another look for me and hopefully drop it off on Saturday/Sunday.

She said she'll go in tomorrow and see what happens, if the bullying is still going on then she'll make a formal complaint to the branch manager on Monday.
Does the branch manager know about the bullying and what have they done about it?
I did mention to her her rights as an employee and her employers responsibilities their employees and also the procedures that have to be followed while making a complaint.

I also told her that if nothing is done then she could take the company to a tribunal for constructive dismissal, but she would need to leave the company via a visit to the doctors.
She would need to consult an employment law solicitor about these particular points.
She was concerned that if she took this route then she'd be even worse off financially than she is now (I'm not to sure on this issue) surely she'd be entitled to SSP, council tax rebate and help with he rent on her council house?
See point above.
She is on minimum wage which is what about £7 an hour which would be around £210 a week before tax and national insurance so not sure what she would get if she quit her job??
This will depend on the effect the bullying has on B's health. If it is such that a doctor finds the bullying has rendered B unfit for work for any period of time, she may be eligible for Employment & Support Allowance (ESA).

BB
BB

[Tools]

Re: Bullying in the work place

Thank you to you and B for providing the extra info, I know it must be hard for her but at least she knows she has a good friend in you and plenty of people on here to support her.

As she says, see how she gets on tomorrow. If the bullying continues then she needs to report it to her branch manger immediately if he is on site, if not as soon as she can. She can then quickly identify the culprits to him and hopefully it can be dealt with there and then, giving her a stress free weekend.

Keep us posted