yourjobrights.co.uk

For more information on your Rights on Discrimination or Harassment go to our Discrimination section.

It is probably safe to say that you have never had so many rights in the workplace. This section expands on some of the rights that are available. If you have a problem that you cannot find information on, tell me! E-mail us at practicalemployment@zoom.co.uk - but please note that we cannot answer your questions by e-mail, use the telephone advice line.

A number of these rights only apply to specific groups, for example the right to take time off to study only applies if you are 16 or 17 years of age.

In certain situations, usually for health and safety reasons, employers may feel obliged to suspend an employee from work on medical grounds. There are certain regulations under which medical suspension can apply - these usually involve working with chemicals or radioactive material or lead. There are also certain regulations in the Food Preparation industry which might lead to a suspension. This is because your Employer feels that you are a danger to your fellow employees!

Finally, if a pregnant woman is not able to carry out her normal duties, and no suitable alternative work can be provided, she can also be medically suspended from work.

If you are suspended from work on medical grounds in line with one of the qualifying regulations or conditions, then you are entitled to full pay for up to 26 weeks (as long as you have at least 1 months service). Any dismissal during this protected period is unfair. This does not apply if you are physically or mentally unfit for work. (If this is the case you will be entitled to some sick pay). It purely means that you are not capable of carrying out certain activities due to your condition. If you are offered suitable alternative work but refuse this, then no payment may be due to you. If your employer does not pay you, you can take a claim to an employment Tribunal, within three months. Before taking this step, Contact our Advice Line.

The Access to Medical Reports Act allows you to see medical reports (about you) which are prepared by your doctor (or someone who has been involved in treating you). There is no right to see this report when the report is a "one off" from a specialist or from a company doctor - providing they have not been involved in treating you.

You have the right to request sight of a medical before it is released to your employer. You should give your permission before the employer approaches your medical adviser. Under the Act you can withhold your consent, so your employer cannot insist on applying to your doctor (in reality doctors will not release any information without your authorisation).

You can also ask your Doctor to amend the report before sending it to the Employer.

It is not a good idea to be "obstructive" when your Employer requests reasonable medical information to help with a decision at work.

Health and Safety is now a very large topic. You have a number of basic rights to a healthy and safe working environment. You do not have to be an employee - workers and agency staff are protected. You are also given some protection if you are a visitor to an employers premises. Basically you have the right to work in a safe, healthy environment. You are also protected against discipline or dismissal for raising genuine safety concerns with your employer.

The main Health and Safety requirements are:

Every employer owes his employees a duty to take reasonable care of their safety. This duty of care generally covers three categories although it must be emphasised that these categories are not exhaustive. The three broad categories are:

If you believe that your employer has breached this duty of care (ie you have become ill or suffered an injury at work)you can bring a claim against this employer for damages which arise out of the employer's alleged negligence.This claim will have to made in a Civil Court as Employment Tribunals do not deal with this type of claim. Contact our Advice Line for assistance.

The Health and Safety at Work Act 1974 imposes a statutory requirement on all employers to ensure that premises, equipment, materials and working practices are safe. The Act imposes a wide range of general Health and Safety duties. These statutory provisions include the requirement for employers to prepare a written statement about their Health and Safety Policy. Firms with less than 5 employees are not obliged to put this policy in writing.

Health and safety in the workplace is supervised by a government agency - The Health and Safety Executive. Officers investigate incidents at work and have considerable powers to stop dangerous practices - they can stop a particular machine, plant or process, for example. Criminal proceedings can be commenced against employers.

Your Employer is obliged to assess the risks that you may be exposed to when carrying out your work - this extends to every job, not just those jobs we see as "hazardous". This may mean manual handling in a stores job, or repetitive strain injury from keyboard work.

Your employer should also have regard to your hours of work, breaks etc. This is not just because of your rights under the Working Time rules.This is because your employer's duty of care extends to your mental well being, not just the physical. Some stress at work claims by employees have succeeded because the employer failed to protect the employee, when the risk of a mental injury (ie. a stress related illness) was preventable but the employer failed to act.

You have responsibilities as well as an individual employee- to wear safety clothing provided, or to work in a specific way to avoid accident or injury for example. You should make sure that your actions do not put a fellow employee in danger as you may be held responsible, as well as your employer, for injuries caused by, say a practical joke.

Your Employer must carry out a Risk Assessment (Management of Health and Safety at Work Regulations 1999)

These regulations have replaced the 1992 version. Employers are required to undertake risk assessments regarding the Health and Safety of employees and anyone else who may be affected by the work activity. Employers with 5 or more employees have to record the findings of their risk assessments in writing. With fewer than 5 employees, the risk assessment should still be carried out.

Your Employer should have appointed safety representatives and should meet the reps regularly to discuss health and safety issues. (If there are more than 5 workers).

You should be provided with information about any risks that you are exposed to through doing your job. You should be provided with adequate protective clothing and equipment. You should be given advice and training on how to deal with any risks identified. If you have any concerns about your health or safety at work talk to your Manager, Union Safety Rep or contact us.

Much has been written about Stress at Work. Recent case law has made it clear that mental injury, as well as physical injury, is covered by Health and Safety Regulations. The impact of the work on your mental health should now be included in regular risk assessment exercises.

Specific Guidance on certain activities is provided by the Health and Safety Executive. For example;

Workplace injuries or illness.

If you believe that you have suffered illness or injury caused by your work (Remember this extends to mental ill health, often called "Stress"),you must immediately report the matter to your Manager and/or a safety rep. It is advisable to confirm this in writing to ensure that this is formally recorded. Get medical advice as soon as possible. If your employer has not taken all reasonable steps to protect you, you may be entitled to compensation. If this is the case Contact our Advice Line for further advice.

Many employees are currently claiming that they are suffering from "stress". On occasions newspaper headlines draw our attention to large awards of compensation to an employee who has become ill because of their work or working conditions. However the large awards are fairly rare and many claims fail for a range of reasons. You do not usually go to an Employment Tribunal with a stress at work claim. You need to take your case to court, and that it is called a Personal Injury claim.

Tribunals can listen to claim of constructive dismissal if you have been forced to leave your employment due to Stressful conditions .Tribunals will also listen to complaints of Disability Discrimination if your illness amounts to a disability. For further help on this refer to the section on Discrimination.

The Health and Safety Executive has issued some guidelines on this difficult topic, it is possible that your Employer is not aware of the obligations.

You should seek help and advice when you start to feel that you can no longer cope with the demands placed on you. Do not wait until you become ill before acting! If you do not raise your concerns with your Employer this is likely to make it difficult in future to say your Employer has been negligent.

Talk to your Doctor, or see the Occupational Health advisor at your firm at an early stage. Employers are now recognising that this is a health and safety issue and hopefully you will get support and advice. Some employers have a stress policy which will make it clear what actions you should take. Check your Company Handbook for a stress policy.

A number of employers now invest in "Employee Assistance Programmes", a form of employee counseling service, usually by phone, but sometimes these include face to face help. If your employer has this facility - take advantage of it if you have any problems you are struggling to cope with.

There is no doubt that many workers feel under more pressure than before, but pressure is not the same as stress. You have to prove that you have a clinically recognised illness, which is not the same as having "stress". You may need to see a clinical specialist to confirm that you have an identifiable illness. Stress related illnesses can be caused by a range of factors, some of them work related, eg. long hours; working 7 days a week; noise; bad working conditions; bullying/harassment; a hazardous/dangerous environment are just some examples.

If you are being asked to work long hours, is your Employer aware of the Working Time Regulations? These place a limit on the hours you can be required to work, unless you have agreed to opt out of this and work longer hours.

Obviously not all stress problems are caused by work - personal factors also come into consideration.

In the first instance you should try to talk to your Manager about the problem. This may not be easy in some Companies as admitting that you are suffering from stress may appear to be a sign of weakness. More enlightened firms will offer support and guidance. It is very important to make your employer aware that you are struggling at work. If you do not do this you are unlikely to obtain any compensation in the future. This is because any compensation you receive is based on the fact that your employer was negligent. If your employer cannot have known that you were ill, they cannot really be negligent. If you feel unable to talk to your Manager, seek assistance from a health and safety or union rep. or consider using the Company Grievance procedure.

If you wish to get further advice, Contact our Advice Line.

A book/tape pack is available which can help you to cope with pressure and reduce your stress levels.

Called "Thriving on Pressure" The pack is written and produced by Norman Hindmarch. Norman is a Chartered Psychologist with many years experience of Stress Management techniques. The pack is just £4.99. Further details from Norman on 01242 256236

The Employment Rights Act contains a provision for you to take reasonable time off to carry out what are termed public duties. You do need to be an employee, so Agency staff and self-employed do not qualify, nor do Police officers or Armed Forces personnel. Qualifying duties would be:

You do not have the right to be paid for this time off. The amount of time granted (and whether this is paid or not) will depend largely on the employers circumstances. Employers must always act reasonably when deciding how much time off to allow. You should not be required to make the time up - for example by working through lunch breaks.

Time off for jury service is rather different. If an employer refuses to provide reasonable time of for jury service, they may be in Contempt of Court. Jurors are able to claim for any loss of earnings where the employer does not pay normal salary.

If you are denied the right to time off, you can make a complaint to Tribunal. If you wish to get further advice, Contact our Advice Line.

Since 1 September 1999 young employees who are eligible have been entitled to reasonable paid time off for study or training purposes.

Under the Right to Time Off for study or training employees:

These rights apply where the 16 or 17 year old worker in question has not reached the prescribed standard of education or training and is not receiving full time secondary or further education.

The Regulations have put no figure on how much time off would be considered reasonable, but a guide issued by the Department for Education and Employment suggest that one day per week would be reasonable.

If your Employer becomes insolvent, or goes into liquidation, for example, you are still entitled to certain payments. If you are owed holiday pay, notice pay,unpaid wages or redundancy pay for example, you can recover some of these. You are a preferential creditor of the Employer, and your claim for wages takes preference over other types of creditor.

If it does not look likely that your Employer has funds available to settle your outstanding claim, you should contact the Department of Trade and Industry (DTI) as they have a duty to see that you do not lose out.

As a member of the Reserve Forces you benefit from some extra employment protection - in addition to the rights enjoyed by all employees.

If you wish to get further advice, Contact our Advice Line

The original Act of 1984 has now been replaced by the 1998 legislation. This controls the actions of all data users - those who hold data of a personal nature. In effect, virtually all employers are data users and should be registered with the Registrar.

The 1998 Data Protection Act provides you with a right of access to your personal data , held by your Employer, or indeed a previous Employer. As well as information stored on computer, the new Act provides access to information stored in "an organised filing system". In general terms, this now means that most employees have got the right of access to information stored about them in personnel files whether held on computer or not. The scope of the legislation would include files held by supervisors where information is stored which identifies employees individually.

Job applicants have the right to access information held by an Employer following recruitment. This applies if you are unsuccessful in your application.

Data protection rights also cover your Employer monitoring you in the workplace, perhaps by recording telephone calls, using CCTV or viewing your e-mails for example.

Some of your personal data/information is classed as "sensitive". This includes data on race, trade union membership, health information, criminal convictions, sexual orientation etc.Your Employer should obtain your express permission to hold this information.

Your Employer is also required to ensure that data held about you is secure and adequate controls are in place. This may include passwords on computers, entry controls on certain doors and locked cupboards in the Personnel Department for example. If you are concerned about this, see your Personnel Department or Union Rep.

You can now gain access to data stored about you by making a request to your employer (the data user). You need to put your request in writing saying why you would like the information. Your employer can in fact request a fee of not more than £10. Your employer then has up to 40 days in which to provide the information requested. You can complain to a Tribunal if you are refused access.

Employers are required to inform employees and job applicants that information about them is being collected and stored. You should also be told for what purpose the information is being used. Application forms should clarify the position of data collected during recruitment. If you think that you have suffered discrimination in the recruitment process, at interview perhaps, you can request a copy of your interview notes. In certain situations you can get hold of a reference written about you by your employer or by a previous employer.

You are able to request access to any information held on you by a previous Employer. Data on employees should be accurate and up-to-date. To achieve this, some employers have given open access to enable employees to review all the data held about them. Your employer must take steps to ensure that information held about you is kept confidential. More and more employers are creating a policy on data protection which involves giving employees an annual review of the information held about them.

If you wish to get further advice, Contact our Advice Line.

Working Hours, Rest Breaks and Holiday Entitlement

This Directive was passed in 1993 and came into effect in the UK on 1 October 1998. The Regulations are in effect Health and Safety Regulations and are seen as an important supplement to Health and Safety protection for workers. Note that the Working Time Regulations apply to workers, not just employees. Therefore, casual workers, home workers, agency staff and others who work for the employer (as distinct from being self-employed) will qualify. The Regulations lay down certain minimum standards in the areas of working time, breaks and holidays. These are minimum standards. There is nothing to prevent employers from giving workers more than these minimum standards.

The Main Provisions of the Working Time Regulations

These Regulations are intended to protect workers from the risks that arise out of working excessively long hours or working for long periods without breaks or without holidays. Some workers are partially excluded from the Regulations for example certain drivers (in the transport sector) and doctors undergoing training. Other exclusions apply to Domestic staff, Armed Forces personnel and Police Officers.

Providing you qualify, you now have the following rights:

If you are sacked, or disciplined, for working the 48 hour week, it is automatically an unfair dismissal - take it further!

Any worker who feels they have suffered a detriment or been dismissed for taking entitlements under the working time regulations can take a claim to an Employment Tribunal.

If you wish to get further advice, Contact our Advice Line.

Almost everyone is entitled to some holiday pay. The main exception being self-employed where there are no holiday rights. So even if you are "casual", "bank" staff (used now and again by an employer), or with an agency etc you should get some paid holiday.

If your Employer is covered by the Working Time Regs (and most are now, although not the Armed Forces), then you are entitled to at least 24 days paid holiday every year if full time (4.8 weeks) from October 2007. (a main exemption did apply to Employees in the "transportation sector", but this changed in August 2003 and workers in the transport industry are now covered.).

Apart from self-employed people, almost everyone else is entitled to some holiday with pay.

Your contract of employment should tell you more about your holiday entitlement, any restrictions on taking your holiday and how much you will be paid. The Law does not have a lot to say about your holiday entitlement. In fact until the Working Time rules came into force in 1998, there was no legal right to paid holiday. You are entitled to a statement of your main employment terms from your Employer which covers your holiday rights.

If you work part-time, your holiday entitlement is pro rata. There is no minimum hours qualification, so you qualify if you work just a few hours each week, even on a casual basis.

Bank Holidays can count as part of your annual entitlement, providing you receive holiday pay.There is still no right to actually take a Bank Holiday off . If your employer wants you to work over a Bank Holiday compensation like double time or an extra day of holiday is often provided.

How much service do I need

You are entitled to holidays with pay from your first day at work.

Initially you had to qualify for these holiday rights - you needed to work for 13 consecutive weeks for your employer. This is no longer the case. You may not be able to take them immediately - your employer can specify in your contract when you can take holiday. However you do start to earn holiday from your first day at work.

Agency or Casual?

You are entitled to holiday with pay if you work for an Agency, and also if you work on a casual basis.

Your holiday should be paid leave. You are entitled to your normal basic rate of pay whilst on holiday - this will not normally cover overtime or bonuses. The only time that overtime may count towards holiday pay, is when the overtime is guaranteed in your contract. This means you get paid for the overtime whether you work it or not. This will not happen very often.

If your pay varies each week, perhaps due to piece work or similar, your holiday pay should be the average of your pay over the last 12 working weeks.

Some Employers claim that holiday pay has been included in basic pay, paid over the year. This is often known as "rolled up" holiday pay. This may or may not be the case, and the legal position on this has been uncertain. If your Employer is telling you that your holiday pay is part of your normal wage or salary, it is best to seek some further advice. It must be clearly shown on your pay slip in addition to your basic wage.This practice is not allowed now in view of a decision by the Eurpean Court. If you wish to get further advice, Contact our Advice Line.

You are encouraged in the Working Time regs to take regular breaks from work - this is the basic idea behind Statutory holidays. Your Employer should not prevent you from taking your 4.8 weeks entitlement in the holiday year it is due - but remember Bank holidays can be part of this entitlement.

Strictly speaking your Employer should not allow or encourage you to "carry over" your holiday to the next holiday year, or to take a payment instead of your holiday days. This only applies to 4 weeks or 20 days of the "statutory" holiday entitlement. You can carry over, or be paid in lieu for, any holiday days in excess of the 4 weeks, subject to your Employers policy on this.

Leaving your Employment?

Any unused holiday entitlement must be paid to you when you leave your employment - even if you are dismissed!. Note also that if you have taken more holiday than you should have done at the date you leave, your Employer can claim this money back from you. This is often done as a deduction from your final wage or salary, and your Employer needs permission to do this by having a clause in your Contract. If you think your Employer has unfairly made a deduction from your wages take some further advice.

If you wish to get further advice, Contact our Advice Line.

You have the right to decide whether you want to join a trade union or not. Employers are not entitled to know whether you are in a union. You should certainly not be asked questions at an interview about your union membership, views or activity. Since 2004, Employers have not been allowed to offer incentives to you to leave a union, for example a higher pay rise to non union employees.

If you think you have been turned down for a job, or overlooked for promotion, because of your union membership or activity you should take further advice as this is a form of discrimination which is unlawful. The same applies if you think that you have been dismissed due to your union membership or union activity on your part. A special level of compensation is available for this.

You can join any union of your choice, but obviously it is sensible to join a union which represents workers in jobs like yours. Some unions operate in specific sectors, such as Local Government, and it is advisable to join an appropriate union to represent you.

Employers only have to deal with a union if that union is formally "recognised" by the Employer. This is a legal process which the union has to go through to get certain rights and protection. Your views are more likely to be considered by your Employer when the union is "recognised" by your Employer.

Where the union is "recognised", your Employer is legally obliged to discuss certain matters with the union, such as pay and terms of employment. Redundancy is another area that Employers must consult the union on.

In certain circumstances you are entitled to time off work for union meetings - but your Employer does not have to pay you when attending a union meeting. Some Employers do give some paid time off to attend a union meeting, particularly when those meetings are important - pay offers or redundancy terms for example.

All workers now have the right to have a representative with them during formal disciplinary or grievance meetings.This can be a union rep but does not have to be. You have the right to have a union rep with you even if your Employer does not recognise any union. This is your right and if you are refused a representative of your choice you should seek further advice.

Trade Union Officials

If you are an elected representative of a trade union you become entitled to certain rights and protection. You can take paid time off to attend training courses and carry out your union duties for example. If you have any problems in connection with your role as a union rep. you should talk to a Full Time Officer of your union.

You enjoy some protection if you go on official strike action called by your trade union. This protected period was increased to 12 weeks from October 2004, and it can be longer in certain situations - where your Employer has made no attempt to negotiate, or you have been "locked out" by your Employer are examples.

>You should note that you are not protected against dismissal if you take unofficial strike action.

This is a fairly complex area of employment law. As a general rule, you cannot claim unfair dismissal in the UK Tribunals if you do not have any connections with the UK. It may be enough to work for a UK Employer, or if most of your working time is spent overseas but you are in the UK on occasions. If you carry out some of your duties in the UK it increases the possibility for you to claim in the UK Tribunals. If you have worked in the UK, but you are temporarily posted overseas, again it is much more likely that your rights can be enforced in our Tribunal sysyem.

If you have any questions regarding overseas working, Contact our Advice Line

Some groups of workers whose jobs involves working on Sundays, have certain protections.

If you are a Shop worker or you work in the betting industry - at race tracks or licensed betting shops or offices - for example, you are covered. The protection allows you to resist pressure from your employer to work on a Sunday if you do not want to. You should not be dismissed, or made redundant or disciplined for refusing to work Sundays. You are protected only if you work in these jobs - other workers should look at their contracts of employment to see if it refers to Sunday working. You are not protected if you have agreed, in your contract of employment, to work on Sundays. You are not covered if you only work on Sundays.

There are no regulations which cover how much you have to be paid for Sunday working. Obviously you must receive at least the Statutory Minimum wage - CLICK HERE FOR MORE ON MINIMUM WAGE. Check your contract for details of overtime payments for Sunday working. If you only work on a Sunday you are unlikely to receive any enhanced pay, but if you have worked a full week and then the Sunday as well, many firms will pay overtime rates, typically double time for a Sunday.

If you have any questions regarding Sunday working, Contact our Advice Line.

Members of company pension schemes are entitled to receive specified information about their company scheme. Trade unions, which are recognised by the employer, also have certain rights to information about the way the pension schemes are financed and administered.

The trustees of occupational pension schemes must give information about their scheme to members, prospective members and recognised trade unions. The requirements fall under 6 main headings:

1) The constitution of the scheme.
2) Basic information about the scheme.
3) Detailed information - particularly regarding changes in scheme benefits.

You are fully protected against dismissal - or any other unfair treatment - if you ask for one of your basic statutory or legal rights at work. You are protected from your first day at work, so there is no qualification period to serve first. Some examples of your basic legal rights are:

So, if you ask your new employer for a statement of your employment terms, and this annoys your Employer, who decides to dismiss you - this is an unfair dismissal and you do not need the 1 year of service normally needed to claim.

If you think that you have been dismissed for asking for one of your basic rights, please Contact our Advice Line.

There is no legal right to smoke in the workplace. If anything Health and Safety rules favour the non-smoker. Employers must provide a safe place to work, which means protecting the non smoker from passive smoking. In Scotland a total ban on workplace smoking was introduced several years ago. Then Wales in April 2007and in England this came into force from 1 July 2007.

Employers must introduce a ban on workplace smoking in all "substantially enclosed" public spaces which will include company vehicles. This may be a change to your contract if you have been allowed to smoke at work in the past. Any ban should only be introduced after consultation with the workforce. There is no duty on the Employer to provide a "smoking room" or similar - in fact the new laws outlaw these, but a reasonable Employer would consider options for the smokers, perhaps a shelter away from the entrance area if this is feasible.

The issue of smoking breaks can be controversial. Some Employers require smokers to make the time up if they go for smoke breaks during working hours. Non smokers sometimes complain that smokers are working fewer hours and this has to be considered if raised. There is no entitlement to be paid for smoking breaks unless this is in your contract or has become implied through "custom and practice" over a period of time.

If you are engaged by an Employment Business and placed at work with an employer, you do still enjoy some employment protection. Initially you cannot claim many employment rights, as these are reserved for "employees" and this excludes agency and casual arrangements.

Unfortunately, as the law currently stands, you cannot claim things like unfair dismissal, maternity rights, redundancy rights etc at a Tribunal. In fact your rights are quite limited if you are not an employee - that is you have a contract of employment.

Note. If you are engaged through an Agency, or on a casual basis, this is really meant to be for a short period of time - weeks or months generally. If you have been placed with the employer for a long time, perhaps more than a year now, it is quite likely that a contract of employment has arisen through "custom and practice". So even if you do not have a written contract, once you have a years service with the Employer, you may have employees rights.

Your rights as a casual/agency worker. Briefly some of your rights are:

If you work from home, you still enjoy some employment rights, as long as you are not classed as self-employed.

There are broadly two types - someone who occasionally works from home, but mainly has a place of work - and those who only work at home.

In both situations it is important to agree certain issues with your Employer before you agree to work at home

New rights came into force in April 2005. These give you the right to be informed and consulted about changes that affect you and your work. This only applies if your Employer has more than 100 Employees at the moment, but this will change over the next few years and will eventually cover all firms with over 50 Employees ( April 2008).

Your Employer does not have to do anything unless there is a formal request from the Employees, either through a Union or other representatives. So if you wish to be more informed by your Employer, it is down to you to start the ball rolling. At least 10% of employees, with a minimum of 15, must request this. Put your request in writing. Your Employer then has a duty to respond to your request and to try to reach agreement with you on the format for Consultation. If your Employer refuses to discuss this, or rejects the request, you can take this further.

If you are being bullied at work, this can be difficult to deal with without help. Do not suffer this on your own, as your Employer owes you a duty of care - it is an implied term in your contract.

There is no specific legislation on bullying as such, but you can rely on other laws, such as the Health and Safety at Work Act.

You must raise the matter with your Employer. Seek support from a colleague if you can. If you cannot talk to your immediate boss (perhaps he/she is the bully?) then talk to someone more senior. If you are in a trade union (or even if you are not but there is a union rep in your workplace) discuss the problem with your trade union rep.

If there is a Personnel or Human Resources Manager, report the bullying to them. Keep a record of all the instances of bullying that occur, with dates etc - a bit like a diary. Sometimes the incidents can appear fairly trivial when looked at in isolation, but a very different picture emerges when all of the incidents are taken together.

You can take up a formal grievance with your Employer if you are being bullied at work. You are owed a duty of care, and a safe working environment. If your Employer does not act to protect you, you may be able to make a claim at court or an Employment Tribunal. If the bullying is based on things like your race, sex, disability, religion, sexual orientation or because you are pregnant - you can certainly make a claim to a tribunal.

If the bullying has damaged your health, you may be able to make a claim for any personal injury you have suffered. You cannot make a personal injury claim to a tribunal, you will have to go to a Civil Court, which obviously needs legal support.(Again, if in a union, ask if they will assist in your claim)

A website about bullying may offer some help. Try www.bullyonline.org for assistance.

As a last resort, rather than continue to suffer and risk your health, you could consider resigning and claiming Constructive dismissal, but you should try and resolve this with your Employer first.

If you would like some help, or advice on which option to take, please Contact our Advice Line.

Further General Guidance if you are being bullied

Everyone should be treated with dignity and respect at work. Bullying and harassment of any kind are in no-one's interest and should not be tolerated in the workplace, but if you are being bullied or harassed it can be difficult to know what to do about it.

These notes:

What are bullying and harassment?

These terms are used interchangeably by most people, and many definitions include bullying as a form of harassment.

Harassment, in general terms is:

unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient.

Harassment can also have a specific meaning under certain laws (for instance if harassment is related to sex, race or disability, it may be unlawful discrimination). From December 2003 the law also gives protection against harassment relating to religion or belief and sexual orientation..

Bullying may be characterised as:

offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.

Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.

Examples of bullying/harassing behaviour include:

Bullying and harassment are not necessarily face to face. They may also occur in written communications, electronic (e)mail, phone, and automatic supervision methods such as computer recording of downtime from work or the number of calls handled if these are not applied to all workers.

Bullying and harassment make someone feel anxious and humiliated. Feelings of anger and frustration at being unable to cope may be triggered. Some people may try to retaliate in some way. Others may become frightened and demotivated. Stress, loss of self-confidence and self-esteem caused by harassment or bullying can lead to job insecurity, illness, absence from work, and even resignation. Almost always job performance is affected and relations in the workplace suffer.

The legal position

Employers are responsible for preventing bullying and harassing behaviour. It is in their interests to make it clear to everyone that such behaviour will not be tolerated - the costs to the business may include poor employee relations, low morale, inefficiency and potentially the loss of staff. An organisational statement to all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others.

Discrimination and harassment

It is not possible to make a direct complaint to an employment tribunal about bullying. However, employees might be able to bring complaints under laws covering discrimination and harassment. For example:

. sex: the Sex Discrimination Act gives protection against discrimination and victimisation on the grounds of sex, marriage or because someone intends to undergo, is undergoing or has undergone gender reassignment

. race: the Race Relations Act 1976 gives protection against discrimination and victimisation on the grounds of colour or nationality. The regulations that amended the Act (Race Regulations 2003) also give a stand alone right to protection from harassment on the grounds of race and ethnic or national origin

. disability: the Disability Discrimination Act 1995 gives protection against discrimination and victimisation

. sexual orientation: the Employment Equality (Sexual Orientation) Regulations 2003 give protection against discrimination and harassment on the grounds of sexual orientation (orientation is defined as 'same sex' - lesbian/gay - 'opposite sex' - heterosexual - and 'both sexes' - bisexual)

. religion or belief: the Employment Equality (Religion or Belief) Regulations 2003 give protection against discrimination and harassment on the grounds of religion or belief.

The government plans to introduce regulations to provide protection from discrimination and harassment in respect of age by December 2006. The Government also intends to extend the protection from harassment to cover all of the areas listed above and to introduce a standard definition of harassment (with a modified definition for sexual harassment). For the latest information visit the Employment Relations section of the Department of Trade and Industry website at www.dti.gov.uk/er .

What can you do?

Bullying and harassment are often clear cut but sometimes people are unsure whether or not the way they are being treated is acceptable. If this applies to you there are a number of things to consider, including:

If you are sure you are being bullied or harassed, then there are a number of options to consider, and these are set out below. You should take any action you decide upon as quickly as possible.

Let your union or staff representative know of the problem, or seek advice elsewhere, an Acas enquiry point or one of the bullying helplines that are now available by phone and on the Internet.

Try to talk to colleagues to find out if anyone else is suffering, or if anyone has witnessed what has happened to you - avoid being alone with the bully.

If you are reluctant to make a complaint, go to see someone with whom you feel comfortable to discuss the problem. This may be your manager, or someone in personnel (particularly if there is someone who specifically deals with equality issues), your trade union representative, or a counsellor if your organisation has suitably trained people available.

Keep a diary of all incidents - records of dates, times, any witnesses, your feelings, etc. Keep copies of anything that is relevant, for instance annual reports, letters, memos, notes of any meetings that relate to your ability to do your job. Bullying and harassment often reveal themselves through patterns of behaviour and frequency of incidents. Keep records and inform your employer of any medical help you seek.

Tell the person to stop whatever it is they are doing that is causing you distress, otherwise they may be unaware of the effect of their actions. If you find it difficult to tell the person yourself, you may wish to get someone else - a colleague, trade union official or confidential counsellor - to act on your behalf.

If you cannot confront the bully, consider writing a memo to them to make it clear what it is you object to in their behaviour. Keep copies of this and any reply.

Be firm, not aggressive. Be positive and calm. Stick to the facts. Describe what happened.

If you do decide to make a formal complaint, follow your employer's procedures, which should give you information about whom to complain to and how your complaint will be dealt with.

If you have access to a union representative or other adviser, ask them to help you state your grievance clearly, as this can help in its resolution and reduce the stress of the process. Most employers have a grievance procedure which will be used to handle your complaint, and some organisations have special procedures for dealing with bullying or harassment. After investigating your complaint, your employer may decide to offer counselling or take disciplinary action against the bully/harasser in accordance with the organisation's disciplinary procedure.

Disciplinary procedures may also be used for disciplinary action against someone who makes an unfounded allegation of bullying or harassment.

The Civil Partnership Act of 2005 came into force at the end of 2005 and provides a range of rights for same sex couples who have formally entered into a legal relationship. Some of these rights relate to employment.

Your Empoyer should now treat same sex couples in a Civil Partnership the same as married couples.

Civil Partners should be given access to the following employment rights and benefits where these are offerred to married couples:

All employment benefits (which are available to "spouses") should be available to same sex civil partners.