Bullied at work - do I have a legal case?

Strange how this thread has changed! But my part-time jobs are with 2 different employers and do not go over 2-3 days per week (28 hours approx. but can vary). For my other jobs - I take these on myself - I spend maybe 3 hours per day (or night!) on the internet business, processing orders, answering queries etc. Then what time I've left I work on the remaining 2 jobs to suit myself. This suits me at the moment, as I am very strapped for cash and heavily in debt, which goes back to the time I had the nervous breakdown after the bullying and couldn't work for a year. When I was able to work again that employer refused to give me a reference even though my work performance was never in question, so I had to settle for casual work and start to look at self-employment.
 
I don't want to take a case for unfair dismissal - it's more to do with the subsequent affect the bullying had on my health and the financial loss I suffered as a result, both of which were very considerable. I guess that would be more of a civil matter against the organisation and may be too late to pursue at this stage, but I wanted to see what other people think, before I decide whether or not to go down this road.
 
Rois,

I am very sorry for what has happened, and I completely understand the effect it has had on you. Having had personal experience of a close family member who took a very well justified and fully documented bullying complaint to legal action, my very brief advice is - don't.

Proving psychological damage is very difficult, and the actions that constitute bullying are not actually illegal. There is virtually no case won on this basis. My family member was told by a barrister who was acting for him that 'employers will rather admit to rape than bullying'.

Going the legal route can be protracted, costly, and damage your health. The best action is to live a good life - try to put the small mindedness of these idiots behind you, be kind to yourself and get on with your life. There is nothing you can do that can change the past, but don't let it poison your future.
 
Re: Bullied at work - do I have a case?

Rois said:
I am inclined to agree with you that I should just forget about the whole episode, which, to be honest, I had done until I read in the paper that the manager was suspended for the same thing again
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Are suspensions normally reported in the paper round your way? Seems very unusual to me.

On the bigger issue, I'd be inclined to forget about it and move on. This would consume a huge amount of emotional energy, time and resources.
 
I am very sorry to hear about what you went through. I worked with a bully many years ago and it is a horrible situation. Thankfully it was sorted.
I think that pursuing this would bring you back into a horrible phase of your life although I can see that you would like (and you deserve) some acknowledgement from the company of what you went through. I think you have moved on in your life and this would bring a whole lot of stress onto you that you dont need. I wish you all the very best in whatever decision you reach.
 
Re: Bullied at work - do I have a case?

Complainer said:
Are suspensions normally reported in the paper round your way? Seems very unusual to me.
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Yes it was reported in the local paper although no names were mentioned, but I heard from my ex-colleagues who the manager concerned was and it didn't surprise me one bit.

From all the advice and feedback I am inclined now to leave it in the past. On the other hand, some family and friends are pressing me to take legal action (as they witnessed first hand the toll it took on me). At the end of the day, I am will have to decide for myself and as I said, my instinct is telling me to forget about it and look forward rather than re-visit the past.
 
Re: Bullied at work - do I have a case?

Rois said:
On the other hand, some family and friends are pressing me to take legal action (as they witnessed first hand the toll it took on me).
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Ignore them. They are advising out of a sense of fairness but they have absolutely no idea what legal action involves in practice. Only take legal advice from a legal expert, and one with expertise in similar employment cases at that.
 
Re: Bullied at work - do I have a case?

Diziet said:
Ignore them. They are advising out of a sense of fairness but they have absolutely no idea what legal action involves in practice. Only take legal advice from a legal expert, and one with expertise in similar employment cases at that.
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I completely agree. Cases for unfair/constructive dismissal can only be brought within 6 months of the date of leaving, absent extenuating circumstances. Outside of a constructive dismissal claim (which the facts don't support in my view), then you'd be looking at probably tort law to find a solution, which is a big stretch and is certainly not something that unqualified well-wishers can comment on with any authority. OP, take what your friends are saying as an expression of support only - they do not know what they are talking about when it comes to the likelihood of success of a legal action. It's better for you if you stop thinking like you have a cause of action and are deciding whether to bring a successful suit. The first step in any of this, if you really want to know whether you have a legal cause of action, is to consult an employment solicitor. While you have been wronged from a moral perspective, I have serious doubts that there is any legal remedy, in which case it's far better for you to move on with your life and try to forget about it; it seems that you had done so until this article appeared in the newspaper so ignore this new information and continue on with your life.

Sprite
 
Re: Bullied at work - do I have a case?

WaterSprite said:
. While you have been wronged from a moral perspective, I have serious doubts that there is any legal remedy, in which case it's far better for you to move on with your life and try to forget about it; it seems that you had done so until this article appeared in the newspaper so ignore this new information and continue on with your life.
Sprite
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I started my second part-time job with new employer on Friday, so today was my second day working there. I have now been told that they can't keep me on as they couldn't get a reference from my previous employer and that I was over-qualified! So in fact, the actions of this person are still coming back to haunt me - I needed this job so much, both financially and from a confidence point of view.

I am sitting at home now in tears as I write this, wondering what I am going to do next i.e. will I ever be able to get a decent job again. I feel desperately angry as I had an impeccible work record until I went to work for that organisation. Now, more than ever, I feel I should take legal action - whereas last night I was ready to just let it go.
 
I'm very sorry to hear of your latest trouble - for what it's worth, you sound like a resourceful and hard working person and I sincerely hope you find a way out of your current difficulties.

I still think that you are looking at the situation with your previous employer as grounds for legal action. I don't personally believe that there is a case but the ONLY way you will know if you even have a case is to consult with an employment law solicitor, but be prepared for them to tell you that there is no legal case to answer. I can't answer that question for you and I don't think anyone here can. I think you need to do this though, even if just to be told that there's no case to take - I don't think you are doing yourself any favours by believing that there's a case but treating it as a decision as to whether to take an action or not. If there is no case, then the decision is taken out of your hands and you will be able to concentrate on the here and now. I think that if you view what happened at your previous employers as the route of all the problems, it will only lead to further heartache for you and you will not be able to see beyond it.

Employers are not obliged to give a reference and so, in future interviews, you should have a constructive answer to give as to why the prospective employer cannot contact your previous employer for a reference (there already is an objective reason as to why you left - that they wanted you to move office and you couldn't so you had to leave). You should also contact the HR department of your old employer and ask why they are not supplying you with a reference - it didn't sound like you left on bad terms...

You said also that you didn't get this job because you were over qualified. There are plenty of reasons why good people don't get particular jobs - I genuinely believe that if you focus all the blame on your previous employer and the lack of reference, you will not be able to get out of this cycle of despair/pessimism and will suffer because of it.

I am in no way condoning your previous colleague's behaviour and I'm sorry if I'm coming across as a bit of an agony aunt (!) but I really believe that you need to either let this go for once and for all or else go to an employment solicitor and be prepared for bad news.

Best of luck
Sprite
 
Re: Bullied at work - do I have a case?

Rois said:
I started my second part-time job with new employer on Friday, so today was my second day working there. I have now been told that they can't keep me on as they couldn't get a reference from my previous employer and that I was over-qualified! So in fact, the actions of this person are still coming back to haunt me - I needed this job so much, both financially and from a confidence point of view.

I am sitting at home now in tears as I write this, wondering what I am going to do next i.e. will I ever be able to get a decent job again. I feel desperately angry as I had an impeccible work record until I went to work for that organisation. Now, more than ever, I feel I should take legal action - whereas last night I was ready to just let it go.
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I put a lot of weight in WaterSprite’s posts on these sorts of questions; if I was you I’d read her posts again before acting. I know you are upset at the moment but decisions such as this need to be made with a clear head.
You are angry, and rightly so, my advice is to talk to a solicitor.
 
You said to your HR manager that you were being discriminated against. Just looking at the list below of "what is bullying" I don't see the term "discrimination".

  • Humiliation - including name-calling or teasing about doing well at school
  • Intimidation - including aggressive body language
  • Verbal abuse - to someone?s face or behind their back
  • Physical abuse or threatened abuse - such as hitting, pushing or kicking
  • Aggressive or obscene language - including sexual references
  • Offensive jokes - spoken or in writing, by e-mail or text messages
  • Victimisation - picking on someone, including making very personal remarks
  • Exclusion and isolation - deliberately leaving people out of activities
  • Intrusion - such as interfering with belongings or locker
  • Repeatedly giving someone the same unfavourable tasks
  • Repeated unreasonable deadlines or tasks
  • Threats - including demands for money
  • Attacks on someone's reputation - for example by rumour, gossip, innuendo or ridicule
Is it possible that another individual is taking a case against your ex manager for bullying and you have changed your mind about your own situation on reflection? Or is bullying the new "in" thing to complain about?.
 
SlurrySlump said:
You said to your HR manager that you were being discriminated against. Just looking at the list below of "what is bullying" I don't see the term "discrimination".

  • Humiliation - including name-calling or teasing about doing well at school
  • Intimidation - including aggressive body language
  • Verbal abuse - to someone?s face or behind their back
  • Physical abuse or threatened abuse - such as hitting, pushing or kicking
  • Aggressive or obscene language - including sexual references
  • Offensive jokes - spoken or in writing, by e-mail or text messages
  • Victimisation - picking on someone, including making very personal remarks
  • Exclusion and isolation - deliberately leaving people out of activities
  • Intrusion - such as interfering with belongings or locker
  • Repeatedly giving someone the same unfavourable tasks
  • Repeated unreasonable deadlines or tasks
  • Threats - including demands for money
  • Attacks on someone's reputation - for example by rumour, gossip, innuendo or ridicule
Is it possible that another individual is taking a case against your ex manager for bullying and you have changed your mind about your own situation on reflection? Or is bullying the new "in" thing to complain about?.
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I don't really know how to respond to this post and I haven't gone into the exact nature of the bullying in my previous posts as I don't feel it's necessary to provide such detail. But, it was enough to cause a nervous breakdown and serious ill-health. If it's of any help to you I can identify with 7 of your listed items. I am not jumping on any bandwagon. Bullying can have a very serious effect on the victim and should not be taken lightly.
 
Many thanks posters for all your sound advice and it has been invaluable and I have taken it on board. I have come to the decision not to look for any legal redress as I would just be re-opening old wounds and possibly a can of worms, financially and otherwise. Though still upset at having lost the job today, I can manage and as Watersprite said be prepared for future jobs when references are requested. Many thanks again. I hope I can also be of help to you in the future on issues I am more familiar with.
 
Rois, I completely understand you wanting revenge and you were treated badly but you freely admit you made mistakes in dealing with the situation yourself. Think long and hard before you pursue it. It's not going to be a pleasant process. That said, it could be a wake-up call to the company and it might ensure they take future cases more seriously. Good luck with whatever you decide.
 
ChristieA said:
Rois, I completely understand you wanting revenge and you were treated badly but you freely admit you made mistakes in dealing with the situation yourself. Think long and hard before you pursue it. It's not going to be a pleasant process. That said, it could be a wake-up call to the company and it might ensure they take future cases more seriously. Good luck with whatever you decide.
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I don't understand why you are ressurecting a 2008 post? And as for BONDGIRL, Wow that's been lying dormant, hasn't it? Just goes to show that some stuff stays on the shelf. Do we ever get closure?
 
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