Bullying claim as an employee with perceived rights

[FallenFigs]

This is potentially quite complex so I’ll explains a much as is hopefully necessary without too much detail.

i worked for a company, took redundancy then returned shortly afterwards. I have not been issued a contract, but have been on payroll and paid via PAYE for last approx 10 months. I don’t receive paid holiday (although I suspect I should) and am paid on a day rate basis. So, my understanding is I am on perceived/implied employment terms.

A senior person has since engaged in what I can only describe as a campaign of bullying - a vendetta in effect, against me. They have blocked my work on more than one occasion, without talking with me about it but blocking it with others. They have engaged in persistent and very personal criticism of me, much of it in writing (emails and work messaging platform). They have encouraged others to criticise me, and make what could be construed as complaints, but I have not been made aware of these or given the opportunity to respond.

Long and short of it is, it is a very toxic situation. I am looking for other roles etc etc. However, my question is do I have grounds for a claim of bullying and importantly can I do so given my very vague employment status? Frankly I believe this person needs dealing with to stop them doing it to someone else.

Do you have screenshots / proof of the alleged comments?

If so I'd talk to your union in the first instance. Or ACAS if you're not in a union.

I have/can access some of the comments. Some emails sent directly to me are pretty manipulative too. I also have extensive notes of conversations with me and the person which could be argued as gaslighting. Some of this was during my ‘formal’ employment.

my understanding is that in any case the business would have to provide access to all digital comms anyway?

I’m not in a union. I have contacted ACAS A little while back. They said that harrassment claims can only be bought with more than 2 years service.

I think the key question is what you are hoping to achieve via a bullying claim?

Even if you are deemed an employee, with under 2 years of continuous service this time around you won’t have many rights unless you think you are being discriminated against (race, sexuality etc)?

Sorry, I meant to say in terms of a constructive dismissal claim for example.

if you just want to raise a grievance and have it investigated, then that’s a different matter. I would expect a decent HR department to do that regardless of your employment status

To hold this person to account and to stop them doing it to someone/anyone else.
It’s been horrendous. Absolute mind-games stuff.

is there anything in the power/seniority dynamics? Ie very senior male bullying mid-level female? He has form with other women too although most have now left and of course that it their business.

And if the person is in HR?

Your company should have a grievance policy or bullying policy or something like that to cover this, and it would apply to the individual as an employee (regardless of whether they are in HR). So yes you should be able to raise a grievance.

whether it is investigated properly or any action is taken is a totally different matter.

sorry it’s been so tough.

Without 2 years continuous service you won't be able to take a claim of unfair or constructive dismissal. However you can make a discrimination claim. This needs to be in relation to a protected characteristic, eg, sex. There are time limits on making a claim. You should raise a grievance in the first instance, although this is never easy.

The problem (one of them) is your use of the word could. Could be seen as gaslighting - but will be argued it isn't.

You also need to confirm your employment status. If you're employed then you can't just go to tribunal, you must go through the company's formal complaints procedure first.

If you're not officially employed then ACAS would need to advise what your next steps could be - I'm guessing not much though, tbh.

so how successful are these grievances generally then? The general vibe I’m getting is it’s probably not worth it. As well as needing to actually prove something, there is then the question of the ‘stigma‘ of raising something like this.

I also expect that the recipient would then raise a grievance in response.

so they are just to get away with it?

If the bully is male and you have evidence of sex discrimination against other women by him as well, you don't need 2 years service.

See if you can gather enough evidence of sex discrimination in the first instance. Its not enough to just say "he's picking on me just because I'm a woman", but if you can build a pattern of discriminatory behaviour across your workplace then you have a much stronger argument.

I’m not sure I’d be able to build a case. Most of them have left, and really it’s just anecdotal. They felt they were undermined, looking over their shoulder etc. I do have some emails where he referred to one of them as ‘petulant’ and other words to that effect after she had challenged him on something, and said that she would probably need to leave if she was going to behave like that (she had done nothing unreasonable and as a result of her treatment by him she asked to me transferred to my line management). It was a fairly unsavoury email.

So making a grievance that I have felt bullied isn’t going to be enough?

You asked about making a claim against your employer. At an ET you'd have more chance of success with a claim if you've used the employers procedures to raise your complaint, including appealing if (more likely when) your grievance is not upheld.

Are you in a trade union you can seek advice from?

If you don't have evidence/witnesses to support it you're grievance is much less likely to be upheld.

Is there an HR department you can speak to?

It does sound from what you've said that the bully gets away with it because staff understandably walk rather than tackle him.

What do you want to achieve?

You say you want to expose him as a bully. But you’re leaving.

It sounds as though you want some sort of public exposure of his behaviour and public shaming of him. It’s unlikely to happen - if you were to raise a grievance any investigation would not be done publicly.

So have a think about what you want and what you can actually achieve.

If you’re paid via PAYE I can’t see how they can argue you’re not an employee. So raise a grievance and assume that you are.

But get your evidence together first: emails, notes etc. And make a journal of any incidences you can remember / that happen in future including dates, times, witnesses, any supporting evidence e.g. emails.

Oh and in your not having written terms they are of course acting illegally - speak to ACAS about that too.

Just reread your original post. If you've not been issued with a contract and aren't being paid holiday pay suspect there is no HR to speak to.

You are absolutely entitled to paid holidays if you are an employee. The legal minimum is 5.6 weeks per year including public holidays.

You are also entitled to a written statement of employment particulars, this is a document setting out the main conditions of your employment, pay, hours, holiday entitlement, etc, etc.

Have they re-employed you as a contractor?

Not in a trade union.

I’m mainly only looking for other roles because of this individual - his behaviour is undermining my role to such an extent that I’m basically shut out. So it’s impacting my ability to do my job well, and my mental health. He is the cause.

What I want to achieve is a) for this behaviour to be called out and halted for the benefit of myself and others who will undoubtably be next and b) to salvage a little of my own reputation.

i don’t have a contract of any kind. I’m paid a day rate (but I know we have employees who are paid on day rate basis) via payroll/PAYE. I’m also currently taxed for a couple of BIK employee benefits.

So making a grievance that I have felt bullied isn’t going to be enough

It really isn't. You need proper proof.

What is the makeup of your business? Do you have directors above him you get on with? Do you have counsellors?

Counsellors - no.

There is a director who I get on with, but so does this person.

What would constitute proper proof of bullying? If, for example, I know that there are emails and other written documents that include basically character assassinations and extensive personal criticism? If other team members have been asked to report my whereabouts to him?

One of the guidance articles I have read suggests that humiliation, shutting out and undermining all fall under the bullying banner?

Look, the more I go over this the sadder and more angry I get. It’s totally wrecked my confidence, but I also feel really angry. And ashamed.

I'm going to say this really nicely because I know through personal experience what it is like to feel this way through someone else's targeting.

It's not worth the stress.

You don't have a contract; don't have proof of much of what you believe to be true (and it may well be - but you can't prove it); haven't raised a complaint through work - you have to follow internal complaints procedures; don't have colleagues' statements to back you up; aren't in a union; don't have the support of senior management.

I had all of the above and didn't win my bullying grievance - things did change for the better but both of us are still working there (but not with each other any more).

PS and this is nothing at all you should be ashamed about. Absolutely nothing. This is in no way your fault - some people are utter shits.

Thank you @WeAreAllLionesses that’s kind.

I could probably get some colleague statements, and could certainly raise a complaint. I do worry about the unintended consequences of that, tho. As well as the general stress and the possibility/probability of not being successful.

So, what do I do to make life bearable whilst looking for alternative options? Suitable roles in my field don’t come up a great deal so it could be some time.