Bullying at work - what to put in resignation letter

Bullying at work - what to put in resignation letter

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blueg33

Original Poster:

35,563 posts

223 months

Monday 23rd November 2015
quotequote all
Long story cut short

Mrs B is being bullied at work by a co worker, being female the bullying is mental rather than physical but has been going on for 6 months or so.

Her manager is supportive in many ways but has totally failed to deal with the bullying despite being present when it has occurred and being asked to do something about it by Mrs B.

The bullying has been worse today and Mrs B wants to resign tomorrow. Clearly she needs to take some advice from an employment lawyer (I have one but he is away at present).

Is there anything she should or shouldn't put in her letter of resignation?

If its at all relevant, She works for a subsidiary of one of the uk's largest retailers

Edited by blueg33 on Monday 23 November 20:46

Munter

31,319 posts

240 months

Monday 23rd November 2015
quotequote all
I would not resign until taking advice.

Either signed off with stress, (go to the Dr, cry and say I just can't go back, I just can't , I can't sleep), or go in but refuse to do anything until they deal with the situation. Which might include sending her home, and giving her time to take legal advise.

(I'm not an expert though. I'd just worry about doing something permanent without advise first.)

Troubleatmill

10,210 posts

158 months

Monday 23rd November 2015
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The job of HR is not to look after the employees - but to represent the company.

Join a union.

mph1977

12,467 posts

167 months

Monday 23rd November 2015
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anonymous said:
[redacted]
this and/or med 3 cert sickness from when you can get in with GP ...

teabelly

164 posts

230 months

Tuesday 24th November 2015
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She should absolutely not resign. It is up to the manager to deal with it. Constructive dismissal cases are a waste of time. Only a tiny number are won.

First step is to put in a grievance and cite all the examples of bullying. This should go to the manager's manager. She should tell her manager that if the bullying isn't stopped then she feels she has no choice but to put in this grievance and hold her manager partly responsible as it is part of her job to make sure staff aren't bullied.

Is there a dignity in the work place policy?

Has she said anything to the bully?

arfursleep

818 posts

103 months

Tuesday 24th November 2015
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Sorry to hear about this.

Make sure your wife has documented (email pref.) with her manager/boss & HR the reason that she is off sick, and with as much detail as possible as to the events and occurrences of bullying. If she's mentioned it to anyone in the past then a record of that will also help - shows that management / HR have not taken the complaint seriously.

If she has "suffered in silence" then saying something upon resignation will just look like sour grapes and will not hold any weight in a compromise agreement discussion or tribunal (if it gets to either). Sad that it has to be done this way but I know a former colleague who suffered similar abuse by a boss but didn't complain or document so when she wanted to go for constructive dismissal after resigning she had no hard evidence so it just got washed away.

blueg33

Original Poster:

35,563 posts

223 months

Tuesday 24th November 2015
quotequote all
Thanks for the comments. Tracked down my employment lawyer mate this morning (he is speaking a an Employment Lawyers Conf in London today)

His advice has been followed which is resign and set out the reasons, in the case of bullying it can damage any case if you do not leave straight away if management have been made aware and have failed to act, and indeed notice periods often do not apply in this circumstance.

Management have acknowledged that bullying was taking place, that they have known for over six months when my wife raised it, and they have done nothing. (Words of her manager and manager of the bully, about the bully along the lines of "yes she is really difficult, I just tend to do what she says, she wont take discipline well"

Also employer has offered to move my wife to another branch, but this just wont work, its 20 miles further away and this is a low paid part time job that doesn't justify travelling a long distance to work

She may not pursue any claim, she is just be pleased to get away from that environment.

Thanks for the help folks


hajaba123

1,302 posts

174 months

Tuesday 24th November 2015
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Like Tonker said, it's now about the money. Lawyer up and start negotiating the pay off and reference.
Whjere
Resigning will make this harder
where's Breadvan when we need him!?

Cotty

39,387 posts

283 months

Tuesday 24th November 2015
quotequote all
Troubleatmill said:
The job of HR is not to look after the employees - but to represent the company.

Join a union.
So what would happen if one employee struck another employee, as there are a couple I wouldn't mind knocking out.

GDub44

114 posts

129 months

Tuesday 24th November 2015
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If it's any help, the ACAS website is pretty good....

johnwilliams77

8,308 posts

102 months

Tuesday 24th November 2015
quotequote all
Do not resign
Do what tinker has advised.

hajaba123

1,302 posts

174 months

Tuesday 24th November 2015
quotequote all
Cotty said:
So what would happen if one employee struck another employee, as there are a couple I wouldn't mind knocking out.
It would be the nasty capatalisty managements fault, everyone would go on strike and neither employee would get sacked. See London Underground, etc

blueg33

Original Poster:

35,563 posts

223 months

Tuesday 24th November 2015
quotequote all
hajaba123 said:
Like Tonker said, it's now about the money. Lawyer up and start negotiating the pay off and reference.
Whjere
Resigning will make this harder
where's Breadvan when we need him!?
We have a proper expert in employment law highly regarded partner and specialist in this bit of law. Following his advice.

Resigning is perfectly fine, staying on demonstrates that the situation has not reached the intolerable. In these circumstances it does not weaken the case.

hajaba123

1,302 posts

174 months

Tuesday 24th November 2015
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Hope it goes well, please update the thread if you can as its good to see how things pan out.

Jasandjules

69,825 posts

228 months

Tuesday 24th November 2015
quotequote all
blueg33 said:
We have a proper expert in employment law highly regarded partner and specialist in this bit of law. Following his advice.

Resigning is perfectly fine, staying on demonstrates that the situation has not reached the intolerable. In these circumstances it does not weaken the case.
If you (well, your wife) are seeking to be constructively dismissed as a result of a fundamental breach (health and safety) then resignation without notice is an approach to take. As above, constructive dismissal claims can be challenging to win.

However, can I just ask what the bullying was? There was a case against Cantor Fitzgerald about bullying...... You may want to take a look...


Greg-

167 posts

191 months

Tuesday 24th November 2015
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Tonker is spot on, she should go sick and get as much advice as possible, it's the employers fault for not dealing with the gross misconduct of the bully.

She should consider joining a Union as they support with the legal side of things (including covering cost in some cases)

Grown adults that go to work and make other people's lives misery piss me off so much!

blueg33

Original Poster:

35,563 posts

223 months

Tuesday 24th November 2015
quotequote all
Jasandjules said:
blueg33 said:
We have a proper expert in employment law highly regarded partner and specialist in this bit of law. Following his advice.

Resigning is perfectly fine, staying on demonstrates that the situation has not reached the intolerable. In these circumstances it does not weaken the case.
If you (well, your wife) are seeking to be constructively dismissed as a result of a fundamental breach (health and safety) then resignation without notice is an approach to take. As above, constructive dismissal claims can be challenging to win.

However, can I just ask what the bullying was? There was a case against Cantor Fitzgerald about bullying...... You may want to take a look...
I will look that up. Basically the bullying revolves around humiliating my wife and much passive aggressive behaviour. Even the company seem to agree.


Some Gump

12,671 posts

185 months

Tuesday 24th November 2015
quotequote all
Tell your wife to man up and fight fire with fire.
Start a photoshop thread.

Post results up around the office.

xjay1337

15,966 posts

117 months

Tuesday 24th November 2015
quotequote all
Greg- said:
Tonker is spot on, she should go sick and get as much advice as possible, it's the employers fault for not dealing with the gross misconduct of the bully.

She should consider joining a Union as they support with the legal side of things (including covering cost in some cases)

Grown adults that go to work and make other people's lives misery piss me off so much!
Yeah that's it

I would do this personally.

Go off sick with stress as a start. Book an emergency appointment with your doctor. Say you are not sleeping, getting anxiety about going to work, etc.

teabelly

164 posts

230 months

Wednesday 25th November 2015
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Your wife's manager is useless. If this person is upsetting other employees and will not stop she is the one that should be removed, not your wife. Removing the victim and leaving the bully in place pretty much gives the bully permission to carry on with the full support of management.

I think taking time off sick saying the work place is intolerable and your wife will have to stay off until the bully is removed as they are the cause of her workplace stress and depression because a) she is being bullied and b) management aren't tackling the bully and c) trying to move her and disadvantage her so she is undermined in the work place as they are supporting the bully to stay where they are.

Then her work will have to manage one of them out. Either your wife or the bully.

Main disadvantage of going off sick is that other employers can be reluctant to employ you but I'd think suing for constructive dismissal would also do the same thing.

I'd start reading their sickness policy and how long they pay full pay for. During a notice period you have to be paid full pay even if you have been reduced on to part pay or SSP. So you can stay off until full pay runs out. You also accrue all holidays so they have to pay you for holidays as often the only way you can 'take' holidays is by having a fit note.