Bromley Solicitors

BROMLEY EMPLOYMENT LAW SOLICITORS FREUENTLY ASKED QUESTIONS

Bromley Employment Law FAQs

I am being bullied/harassment at work.  Is there anything I can do about it?

Yes there is.  Your employer is responsible for the actions of others under the principle of vicarious liability, especially where the employer has not taken steps to tackle the problem after you have made complaints.  If have left your job because of other employee’s behaviour and the inaction of your employer, you have a possible employment tribunal claim for constructive unfair dismissal.  Even if you still working, you might be able to take your employer to an employment tribunal or alternatively take legal action against individual employees responsible.

What behaviour counts as bullying or harassment?

Bullying or harassment includes inappropriate or offensive remarks or threats, violent or aggressive behaviour, inappropriate touching, staring or comments of a sexual nature, abusive or offensive gestures.  Bullying or harassment can be expressed in many forms, including email, writing, text messages, through social networking sites etc.

I am extremely stressed at work at the moment and my employer is not doing anything to tackle it.  What does the law say on this matter?

Under Health and Safety Regulations, employers are under a duty to properly manage stress in the workplace and provide employees with a safe and healthy atmosphere.  For example, employers are under a duty to manage your workload.

My employer has changed my work schedule all of a sudden.  Is this allowed?

Generally speaking, if your employer has made drastic changes to your work schedule outside the scope of your employment contract without consultation, then your employer is in the wrong.  If you have had to leave your job due to drastic changes, you have a possible employment tribunal claim for constructive unfair dismissal.  If you are thinking of leaving your job, it is advisable to consult an employment solicitor first to find out exactly where you stand.

I haven’t got a contract.  Is this legal?

Contracts can come in both verbal and written forms.  Whilst you are not legally entitled to a written contract as such, you are entitled to a written statement which covers the main terms of your employment within two months of starting a job.  Main terms should cover the place of work, time of work, remuneration, holiday entitlement, how your employment can come to an end, notice requirements and more.

My employer says my statutory employment rights are not applicable in my particular line of work.  Is this right?

Whilst there are some exceptions for some particular job types, such as the armed forces or the police, anyone who can be properly called an employee (as opposed to an agent or self-employed) is entitled to a basic minimum level of statutory employment rights, including the right to receive a minimum wage, the right to work no longer than 48 hours per week, the right to have a hearing if dismissed, the right to take statutory holiday, the right to take maternity and paternity leave and statutory pay.

Can I ask my employer for a compromise agreement?

Generally speaking, it is uncommon for employees to ask for a compromise agreement.  However, it is certainly possible, although you should consult an employment law solicitor before doing so.  Also bear in mind that by asking for a compromise agreement, you will be effectively stating your intention to sever relations altogether, which will not work in your favour if your employer suddenly decides to continue your employment and not dismiss you.

Additional services on employment law and employment rights.