Bullying at work - what to put in resignation letter

[blueg33]

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

[blueg33]

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

[blueg33]

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.

[blueg33]

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.

[blueg33]

My view is that taking time of for stress is not the right approach, it sounds like its playing the system and feels slightly dishonest.

I will update the thread as things progress.

[blueg33]

JackThrust said:

Look at it this way though, if your wife is upset to the point of wanting to resign this is clearly causing her a lot of stress. Absolutely nothing wrong with taking some time out.

I know what you mean, but it feels like the employment version of whiplash

[blueg33]

Update

The employer accepted that they were in breach of implied terms of the contract amongst other things.

An agreement has been reached, more than the notice period is being paid, the employer is reviewing its procedures (so they say).