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Bullying at work and sick pay help

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  • Pee
    Pee Posts: 3,826 Forumite
    I would try contacting the police again. And if they give you the same response, put it in writing to them and ask them to confirm in writing that they see assault, presumably with Actual Bodily Harm as a matter for your employers and not them...

    I presume you won't be able to go back to work at all if this was the level of bullying.
  • JACK2009
    JACK2009 Posts: 42 Forumite
    edited 12 February 2010 at 4:10PM
    Thankyou for the replies.

    At first I didn't think bullying in the workplace was such a common occurrence. I wish everyone on this group who has supported me the very best in the problems and issues that they are facing. My issue is at the moment is the doctor has given my continual support by issuing my with sick leave but I have now come to the end of my sick pay entitlement. It very hard to understand whyi'm still being the victim and losing pay over there actions. It really annoys me because he's still there building bar m chopper (motorbike) parts for himself in work time which is not what he's there to do. I go to work to work and I have been treated like the harasser all along.

    I suppose in some ways that's life but the company hasn't responded in any way to help, they just want me back there as it was. I have said to myself and others that I will only return if they actually do something. Surely it's in there duty as employers to make it safe for me at work.
  • teabelly
    teabelly Posts: 1,229 Forumite
    Part of the Furniture
    If you have home contents insurance then it might offer legal cover. Investigate this as it may be the easiest route to legal representation. Clearly it is a him or you situation so if they won't get rid of him then you have to look at resigning, constructive dismissal and a large personal injury claim after you have exhausted their grievance proceedings. If you appear to be reasonable, and you have, then they won't have a leg to stand on. You have made many suggestions, all of which have been ignored apart from you just returning into an intimidating environment.

    Employers rarely change working environments for employees, however bad, as it basically means admitting they're wrong. There is the protection from harrassment legislation which you can hassle them with and also the police. They do have a duty to protect you from an unsafe working environment.

    Short of returning to work with a minder then I can't see what else you can do apart from stay off until this person goes or you sue them.
  • JACK2009
    JACK2009 Posts: 42 Forumite
    Thanks for those suggestions. I have outlined twice to them my suggestions as they asked me to write them down so they could discuss them at my grievance meeting in early July. In my letters however I have asked them to responded before the meeting but they haven't. Only when it affects them. For instance I have had letters/telephone calls from my manager asking for my latest sick notes and outlines of company policies but nothing of what I particularly asked. I think they want to get me into a room on this date before they respond to what i have suggested.
  • JACK2009
    JACK2009 Posts: 42 Forumite
    Should i send them a further letter asking for a response to my suggestions as i have rang them up today but it went to there answering machine.
  • teabelly
    teabelly Posts: 1,229 Forumite
    Part of the Furniture
    I have a feeling that they are going to try and move to dismiss you on the grounds of capability as you have been off for 4 months. This could be why they are just ignoring you as they have something going on in the background. This happened to the wife of a friend of mine. She was suffering bullying and they basically tore her to bits and forced her to resign. She thinks the union rep was in on it as her meeting with management was also delayed and he changed tack at the last moment.

    Is there anyway of doing the work you do for them but from home?
  • [Deleted User]
    [Deleted User] Posts: 4,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Best of luck to you, I couldnt imagine having to be assulted in work, verbal bullying is bad enough but this!
    I also think you woud have good grounds for constructive dismissal, especially seeing as you have spoken to the police and have the support of your GP. Leaving a job without one to go to is hard to do but if the grievance procedure is not working and you are not being paid more! I wish you the best of luck whatever you decide to do.
  • andygb
    andygb Posts: 14,654 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    _shel wrote: »
    Best of luck to you, I couldnt imagine having to be assulted in work, verbal bullying is bad enough but this!
    I also think you woud have good grounds for constructive dismissal, especially seeing as you have spoken to the police and have the support of your GP. Leaving a job without one to go to is hard to do but if the grievance procedure is not working and you are not being paid more! I wish you the best of luck whatever you decide to do.

    I have just read the bit about the physical assault. This is appalling, and something which no employee should ever face.
    I would go to an employment lawyer straight away, because all of the relevant disciplinary meetings have to be recorded by law. The fact that they have not dismissed this person, and he is still allowed to bully you is unbelievable.
    I think they are banking on you moving on and saying nothing.
    Act now, as soon as possible. Go to the Law Society site on the net, and find a local solicitor who deals with employment law.
  • JACK2009
    JACK2009 Posts: 42 Forumite
    Thanks for reply , I have had a consultation with a solicitor and they want my to go and have that grievance meeting in july before they can act. They and myself are banking on the latest two instances and witnesses that saw what happened.
  • Horace
    Horace Posts: 14,426 Forumite
    What are your uniion doing about it? Be warned though if you have sought independent legal advice then the union may not carry on supporting you - I am not saying this to frighten you but stating what they may do.

    Your solicitor has given you some good advice about going to the grievance hearing because you can find out what the company plans to do about this nasty individual. No one should be physically assaulted at work - the employer should have dismissed him with immediate effect.

    Good luck and I hope it is resolved and that you find the strength to return to work - it won't be easy but see if they will allow a phased return to work and stress to them at your grievance hearing that you feel physically threatened by this individual which makes you fearful of returning to work.

    Make sure you take someone with you to the grievance hearing a) so you're not alone and b) so that you have a witness to what is being said.
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