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Rights at ASDA
Single_Dad
Posts: 21 Forumite
A friend is having problems being bullied by other staff. They work at ASDA. When she tried to deal with it via management she was told as she has not worked there for 2 years or more there is nothing that can be done to help her.
Is this right? It seems wrong to me but then Im not really up on employment law and the like.
Any help would be gratefully appreciated.
Thank you :-)
Is this right? It seems wrong to me but then Im not really up on employment law and the like.
Any help would be gratefully appreciated.
Thank you :-)
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Comments
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Being bullied in itself isnt against the law.
It is if its based on a protected characteristic. Google them and check with your friend.0 -
Single_Dad wrote: »A friend is having problems being bullied by other staff. They work at ASDA. When she tried to deal with it via management she was told as she has not worked there for 2 years or more there is nothing that can be done to help her.
Is this right? It seems wrong to me but then Im not really up on employment law and the like.
Any help would be gratefully appreciated.
Thank you :-)
What sort of behaviour is described as "being bullied"?
Reference to two years' employment doesn't make sense in relation to dealing with a member of staff who approaches management with a grievance.0 -
It makes perfect sense. It means that you're on your own and management won't care at all until you might be able to sue them for something. Sounds about right for Asda/ Wal-Mart. Renowned for their management style, they are.LittleVoice wrote: »What sort of behaviour is described as "being bullied"?
Reference to two years' employment doesn't make sense in relation to dealing with a member of staff who approaches management with a grievance.0 -
Yes, they're basically saying if you can't take us to tribunal on constructive dismissal then we don't give a monkeys.
Risky if the employee does have a protected characteristic mind....
What form does this bullying take?Union official.
CiPD qualified.
Anything I post is solely MY OPINION. It never constitutes legal, financial or collective bargaining advice. I may tell you based on information given how I might approach an employment dispute case, but you should always seek advice from your own Union representative. If you don't have one, get one!0 -
xapprenticex wrote: »Being bullied in itself isnt against the law.
Really? Like, I'm a bit surprised at that sweeping statement because "bullying" could mean a whole number of things!
Could be in relation to a protected characteristic, for example (bullying a disabled person isn't cool...). Could also be related to something which is not ACTUALLY "bullying", but something a person may perceive as bullying (like stalking, unwanted sexual attention etc).
You are probably right mind you, but I would like to hear it from the horse's mouth before making that assertion.0 -
OP
Harassment is illegal, bullying in itself is not illegal (though there’s all sorts of areas of employment law that stem from it). Harassment is many things, but includes bullying where the person is being bullied because they have a “protected characteristic” under the equality act (although pregnancy and maternity are excluded from harassment law).
If the employer fails to act upon complaints of bullying then they could be vicariously liable if this indeed harassment. In addition they could be deemed to have broken the mutual duty of trust and confidence implied in all contracts of employment.
The real question here is: does your friend have a protected characteristic?
Yes - possible options that are financially more beneficial than resigning and walking away.
No - resign and walk away is about the only, real option.0 -
mr_munchem wrote: »The real question here is: does your friend have a protected characteristic?
Yes - possible options that are financially more beneficial than resigning and walking away.
No - resign and walk away is about the only, real option.
I think we all have a protected characteristic.0 -
Very true! I should rephrase to ask is the bullying because of a protected characteristic?0
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How long has she worked there?
In the meantime...
She is entitled to join a union - USDAW in this case
and
suggest she keeps a record of all incidents (date, time, who was involved, any witnesses) and a record of what happens when these incidents are drawn to the attention of management.Don't put it DOWN; put it AWAY"I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
Janice 1964-2016
Thank you Honey Bear0 -
xapprenticex wrote: »I think we all have a protected characteristic.
Excellent point!Union official.
CiPD qualified.
Anything I post is solely MY OPINION. It never constitutes legal, financial or collective bargaining advice. I may tell you based on information given how I might approach an employment dispute case, but you should always seek advice from your own Union representative. If you don't have one, get one!0
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