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Bullying
and Harrassment
Everyone
has a right to be free from any form of bullying or harassment.
no one is entitled to cause personal alarm or distress to
another person. Yet bullying or harassment is a day to day
feature of life in the workplace. So what can you do if you
are the victim?
The
Law also has a number of powers to protect individuals from
harassment, whether it be from a neighbour, a workmate or
a complete stranger. Any conduct which is likely to cause
fear and alarm may be considered to be a criminal offence
of Breach of the Peace, and could result in the person responsible
being convicted and sentenced to one of a range of punishments,
including imprisonment. If you believe you have been victim
of this kind of crime, contact your local Police Office and
report it. The Law also provides various Civil orders to protect
you against nuisance or harassment. If you have been the victim
of harassment, which could include shouting, swearing, intimidation,
threats, violence, obscene phonecalls, damage to your property
or even stalking, you can ask a Solicitor to apply to the
court for a non-harassment order against the perpetrator.
If the court is satisfied that there is a course for such
conduct it, that is if it occurs on two or more occasions,
then it may grant an order stopping the conduct and may also
award damages. If the harassment continues, the person responsible
may be fined or imprisoned.
Nuisance
or harassment may be caused by a neighbour. If the neighbour
lives in tenanted property you may be able to persuade the
Landlord (this may be the District Council), to apply to the
court to have the person removed from their home. The Law
on this matter is complex, however, and you may wish to consult
a Solicitor, who will be able to provide you with more advice
and information.
No
one need be the victim of bullying or harassment. There are
various legal answers available, and points of contact to
advise you on dealing with your problem. The best advice you
can take is to see your Solicitor first.
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Discrimination
at Work
It
is against the Law for an employer to discriminate against
a job applicant or an employee on the ground of race or sex.
Race includes colour, nationality and ethnic origin. Sex discrimination
can happen to men as well as to women.
Your
employer (or any fellow employee on his behalf) is not permitted
to treat you differently on grounds of your sex. In addition
if fellow employees discriminate against you without your
employers knowledge the employees and the employer can be
held liable. Discrimination during the course of employment
can take many forms, for example, if your employer has different
retirement ages for men and women this would be discrimination.
Similarly if terms and conditions or working practices differ
on account of sex this will amount to discrimination. In addition,
if you are dismissed or treated adversely because you are
pregnant this will amount to discrimination. Discrimination
can also take a more subtle form which is called indirect
discrimination. This can happen when an employer imposes a
requirement to gain or keep a job which fewer women than men
might be able to meet. For example, a requirement to work
full time can discriminate against women who may be less likely
to be able to work full time due to domestic commitments.
No
qualifying period of service is needed to make a claim of
sex or race discrimination. Indeed, a complaint may arise
because a person is unsuccessful in a job application and
if they were not interviewed or employed because of their
sex or race. Discrimination is a complex area of Law. Individuals
who consider that they may have a claim are advised to see
a Solicitor as soon as possible. In any such case the person
discriminated against is entitled to complain to an Employment
Tribunal. There is no financial limit to the award the Tribunal
can make. There are, however, strict time limits for application.
The
same rules apply in the area of race discrimination. If you
think you have been mistreated in this way then seek legal
advice urgently.
For
the disabled, the Disability Discrimination Act 1995 has been
designed to give similar rights to those discriminated against
on grounds of disability. Those who have a disability will
be entitled to fair and equal treatment unless that unequal
treatment can be justified in terms of the Act.
Consult
your Solicitor to ascertain your rights now. If you think
you are being discriminated against then your Solicitor can
best advise as to your rights. Remember again that the time
limit for action is tight.
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Terms
and Conditions of Employment
If
you are an employee then you are entitled to a written statement
of your Terms and Conditions of Employment not later than
two months after the start of your employment.
If
your employer tells you that he wants to change your Terms
and Conditions then you are not under any immediate duty to
accept that change. It is a matter for negotiation; first
of all.
Such
alterations may happen when your employer changes because
of a sale of a business or a change in responsibility for
the performance of a contract. It might also occur because
of a business reorganisation.
If
your employer acts in a way which is unlawful then you may
have a claim for unfair dismissal, constructive unfair dismissal
or under the Wages Act. These types of claim are subject to
tight time limits. In any of these circumstances the legal
position is complex. You should see a Solicitor as soon as
possible.
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Unfair
Dismissal
Some
people who are dismissed from their employment have the right
to make a claim of unfair dismissal to an Employment Tribunal.
All employees who consider they may have been unfairly dismissed
are advised to seek advice on the up to date legal position
in relation to qualifying periods of service. Where a business
has been sold and the employee has transferred from one employer
to another, service with both employers will usually be treated
as continuous and usually count towards any service requirement.
In
some circumstances, it is clear beyond doubt that no qualifying
period of service is necessary to claim unfair dismissal.
For example, this is the case if a dismissal occurs because
of pregnancy or the fact that the employee has raised a health
and safety issue with the employer. There are other reasons
for dismissal which are also covered by the no service requirement
rule and it is always worthwhile for an employee to seek preliminary
advice on their position.
Employers
are, of course, entitled to dismiss employees in certain circumstances
but in every case the employer must adopt a fair procedure
and must behave reasonably in all the circumstances of the
case.
There
are four potentially fair reasons for dismissal:
1.
Misconduct - an employee can be dismissed for a single serious
act of misconduct or for repeated acts of a less serious nature.
2.
Lack of Capability - if an employee cannot do their job properly
this can lead to a fair dismissal.
3.
Redundancy - a dismissal for this reason can occur where an
employer's requirement for staff to carry out the type of
work the employee is employed to do ceases or reduces. Employees
with two or more years of continuous service who are made
redundant are entitled to a redundancy payment.
4.
Some other substantial reason justifying dismissal - this
can cover a wide variety of circumstances which do not fall
in to one of the other categories.
It
should be noted that even if a dismissal can be shown to be
for one of these reasons it will not necessarily be fair.
Much will depend on whether the employer acts in a fair manner
towards the employee in investigating the situation and reaching
the conclusion that dismissal is justified.
If
an employer does not actually dismiss an employee but treats
the employee in a way which amounts to a material breach of
contract the employee can resign and claim constructive dismissal.
However, it is very difficult for an employee to succeed with
this type of claim and it is only in very rare circumstances
that an employee would be advised to take the step of resignation.
Employees considering this option should certainly seek advice
before deciding whether to resign or not.
If
you do wish to make a claim of unfair dismissal it must be
lodged with the Employment Tribunal with three months of the
date of dismissal. Legal Aid may be available for preparatory
legal work. You should see your Solicitor first. Do not leave
it to the last minute.
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