Office Bullying Dispute
The client works in an office in England, where they have experienced issues with a coworker who communicates in a condescending manner. The client addressed this behaviour by identifying it as bullying, which subsequently caused the coworker to take sick leave due to stress related to the interaction. As a result, the client's HR department is considering altering the client's work shift. This situation involves aspects of workplace dispute, employment, and workplace harassment.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to formally report this bullying and harassment to my employer?
To formally report bullying and harassment, first review your employer's grievance procedure, typically located in your employee handbook or HR documents. Document the incident in detail, including dates, times, specific remarks, and any witnesses. Submit a formal grievance in writing to your HR department or manager, following the established procedure. Retain copies of all communications regarding your complaint. You have rights against discrimination and harassment under the relevant employment law. If your employer does not address the issue satisfactorily, you may escalate the matter to an employment tribunal or seek advice from appropriate organizations.
What rights do I have under employment law to challenge a change in my shift due to this incident?
Under employment law, any modification to your shift schedule typically requires your employer to consult with you, especially if your employment contract specifies your working hours. Implementing a change without your consent may be viewed as a breach of contract. You have the right to refuse an unilaterally imposed change unless it is justified by a relevant contractual provision or a legitimate business necessity. If the shift change is a reaction to a workplace dispute, you may contend that it constitutes an adverse action taken against you for asserting your rights.
How can I ensure that my complaint about bullying will be taken seriously and that there will be no retaliation against me?
To ensure your complaint about bullying is taken seriously and to mitigate the risk of retaliation, meticulously document all incidents, including dates, times, and details of occurrences. Maintain records of all communications with HR or management concerning the bullying. Familiarize yourself with your employer's anti-bullying policy, which should detail the procedures for handling such complaints. You are protected from victimization for raising a grievance under the applicable laws. If retaliation occurs, it could be a form of unlawful detriment.
Is my employer obligated to offer me support or mediation in resolving this workplace conflict?
Under employment law, employers are obligated to provide a safe working environment, which includes addressing bullying and harassment. In this context, your employer should consider providing support and facilitating mediation to resolve the conflict, especially as it has affected your work situation. Employers should have policies in place to handle such disputes. It would be reasonable to request mediation or support from your HR department to address and resolve this conflict effectively.
What legal recourse do I have if my employer fails to address the bullying and harassment effectively?
If your employer fails to adequately address bullying and harassment, you may have legal recourse through a tribunal claim for constructive dismissal if the situation becomes untenable. This involves resigning due to the employer's inaction, and it is advisable to seek legal advice before proceeding. Additionally, you might pursue a claim for breach of the implied term of mutual trust and confidence in your employment contract, as well as possible claims related to discrimination.
