9 years of bullying had enough! compensation?

[Compliant123]

Evening, so 9 years ago I started my current job, just after I started I put in a grievance against my manager where he was seconded for a year while an investigation was on going (which to this day I think he still holds a grudge) after that year had past he slipped back slowly into his current roll,(I was never told the out come of the investigation) since then he has been favouring other employees in terms of annual leave, decline my request to go to a funreal, raising his voice/shouting at me in front of colleagues etc that’s just a broad description of the bullying I have been suffering, I have been to scared to raise a grievance up until now as I’ve been thinking if nothings done, he’s gonna try get me sacked and I have children to provide for, I have never been signed of because of the bullying up until recently where I was signed of with anxiety and work related stress for a month having chest pains and panic attacks (couple of years ago was on anti depressants as was thinking about taking my own life:( ) so I am in the process of raising a grievance (I have some emails to prove my points) now my question is would I be entitled to injury to feelings and if I felt could no longer do my job in my current environment future loss of earnings? Please ask if more information is needed this is just a broad overview

I would suggest asking the same question in the Legal matters section

Horse please be careful of no win no fee solicitors. If you lose the company may claim costs from you which you will then have to find. That could be £Ks.

An employer doesn't have to treat people "equally". They have to not treat people unequally because of a protected characteristic. That is very different. But I can see there will be little point in elaborating as the poster only wants to hear what they want to hear. So I will just elaborate on the "no win, no fee" warning above. In addition to the fact that if you won a case a significant chunk of anything you won goes to the lawyer (legal fees are seldom added to tribunal awards), there is another risk. In a lot of cases if you are offered a settlement before the case and accept it, the lawyer can bill you and bill you at a different rate - I have heard of people who have accepted a settlement and have ended up with the lawyer taking the whole amount AND still billing for more money! And I have heard about such cases more than a few times. I do hope you carefully read whatever contract you have entered in to. There's a reason that these law firms are called ambulance chasers, and it isn't because they care much about you.

You are still currently employed, with no loss of earnings

Employers are not your friend
They want employees to attend work

Do you have yearly/ quarterly appraisal records ?

Do you have holiday, sickness, time off unpaid records

All going back 9 years

If you raise a grievance, what happens if your accused goes off sick with stress due to your allegations ?

Hello all, I have read carefully through some of your posts and thank you for taking the time to respond, I am posting for advice not abuse or to be told ,I only want people to post what I want to hear’ I have gone through all the correct channels and taking my manager Through a grievance which I have just completed, my union have stated I have a good chance of winning my grievance as I won the first grievance 9 years ago, but was not told of the actual outcome just that he would be coming back but won’t bother me again, which was a load of rubbish, moondust please elaborate on what you mean by an employer ‘doesn’t have to treat people equally’ and basically can treat people how they wish?

There is no law requiring staff to be treated equally. I’m not sure why that’s confusing you.

Okay that’s fair enough then employees deserve to be bullied is that what your saying? It’s not confusing my point is there may not be a law regarding equally treatment, but there is harassment laws

You have the right not to be discriminated against on the grounds of a protected characteristic. Wanting to attend a funeral isn’t a protected characteristic.

What are you defining as harassment?

Okay that’s fair enough then employees deserve to be bullied is that what your saying? It’s not confusing my point is there may not be a law regarding equally treatment, but there is harassment laws

@Horse382 - it's important for your own mental health to set yourself realistic expectations about the strength of your claim. You may feel badly treated over a 9 year period, but none of it may actually equate to contraventions of law. Bullying may not be specifically called out in legislation, it doesn't make it right, fact is, it can be highly subjective what equates to bullying. The Equality Act (2010) is specific because it addresses negative treatment of people who have historically been at a serious disadvantage in the workplace (those with the protected characteristics mentioned upthread). It is generally easier to handle objectively, especialy when there's tangible evidence of wrongdoing, whereas bullying is often hearsay.

You could go down the avenue of claiming that they have not complied with their own policy (eg Bullying and Harrassment policy if they have one and claim to take it seriously). You could try to prove their failing to comply with the Health and Safety at Work Act (1974) which is legislation concerned with creating a conducive environment for people to do their job. This has typically focused on the physical environment (removing trip hazards, safe handling and storage of chemicals, clarifying staff responsibilities), but nowadays also includes an element of emotional well-being. The big but .... your solicitor may be unwilling to build that case, if they believe it will be quashed in the tribunal and you come away with a big ££zero.

As you can see, the less complex and clear cut you keep it, the more likelihood of success. Otherwise it could involve a lot of time, effort and cost to build your case. And it will be 1year plus of stress to you. Potentially having to work there or else resigning, but with no guarantee of a reference.

Thank you very much for your fair and honest reply daisy, and given me some tips that I had not even thought of, much appreciated I will let you all know what happens

Do please come back and keep us posted @Horse382 I am sure none of us on here underestimate the stress and worry you're having to deal with, any workplace issue affects your whole life not just 9-5

Do feel free to fire any questions at us on here. Between us, we're bound to have some answers to help :-). Hope your solicitor can give you some good advice x

From what you’ve said here, i cannot see that you’ve been treated less favourably due to a protected characteristic, or that you’ve been treated so badly that you’re entitled to y they’re in breach of contract and you’ve been constructively dismissed. You only get injury to feelings for an unlawful discrimination claim. In constructive dismissal the burden of proof is on you to prove that the company’s behaviour is so unreasonable you’re entitled to treat yourself as dismissed- it’s a high bar to prove.

Unless you’ve told your solicitor a lot of information that you haven’t shared with us, then I don’t fancy your chances.

I would find another job where you can be happy and move on.

Hello, I haven’t be constructively dismissed, I am going through a hr greievance I have taken out as we speak, there is a lot more information I’ll be able to share in due course, I just don’t want to be recognised by the details I provide on here, yes there is more to it, also now most of my colleagues are no longer speaking to me since I’ve returned from 3 weeks of sick, particularly one colleague who has been nothing but undermining and rude in front of people

Well if you have been off three weeks, you are bound to feel out of the loop

Remember that the law is not there to seek fairness but to apply the law. You therefore need to approach your case from a stand of how did the break the law not how they treated you unfairly.

This is how professionals can help you. Do remember that very few such cases are successful, and the process is extremely long and emotionally painful. However strong the sense of seeking justice empowers you, most often, looking for another job is genuinely the best move forward longer term

@Compliant123

Do you know why your colleagues are no longer speaking to you?

Katherine - a few are bit since I’ve come back the atmosphere has been different, I’m not sure if it was because I was in sick leave or because my manager has been speaking to them (as a few of them know him outside of work)