Does anyone know about employment law?

Question

I work as a waitess, and i've been recieving abuse from the chefs, who constantly swear at me, call me abusive names and won't allow me to do my job properly. I've been sent home tonight in tears and this is the last straw. I want to do something about it, as the boss just dismissed it as 'that's just the way they are', but it bothers me the fact that if it were a customer giviing me the same abuse, they would be asked to leave. What exact law refers to verbal abuse in the workplace, and what exactly does it say so i can complain properly?

Answer 1

Well there is an abundance of law here, but you will have to chose the most appropriate to your case.

(Assuming that you are an employee...)

Firstly, harassment/bullying is covered by much of the discrimination legislation. If you feel that they are bullying you for your:
Age. Gender, Sexual Orientation, Gender reassignment, Religion or belief, nationality, disability (wide definition here), etc.

In addition, the Health and Safety at Work Act 1974 also covers this. Section 2(1) of the Act sets out the provision for your employer to have a duty to ensure, as far as reasonably practicable, the health, safety and welfare at work of all employees. Your employer also has a duty to provide a safe system of work which is particularly important to reduce stress in the workplace. There is plenty of case law out there outlining the employers responsibility to reduce stress in the workplace, if you want to quote "Walker v Northumberland County Council" - this is a leading case outlining the employers respnsibility for health and safety and how this responsibility goes beyond physical injury and covers stress.

It is important to note that your employers defense is a well known one and may have substance (see S Futty v D & D Brekkes Ltd - where language can be acceptable in the circumstances) This defense wil have to be backed up by the employer proving that they have pre-wanred you about the potential conflict. Nevertheless, the employer still has this duty of care owed to you as an employee set out above.

You could put a grievance to your employer, and they have an obligation to follow this up with a meeting to discuss. Don't go in there too heavy handed with the case law and statute law just yet, see how they treat the grievance. Its your statutory right to have this meeting and they cannot deny this. Only refer to the law later on if necessary, it will only get their backs up unnecessarily.

Let us know how you get on. Good Luck!

Answer 2

Verbal abuse, comes under BULLYING, and is unacceptable, firstly ask them to stop, make sure you have someone there to back you up. if it still continues, then put a grievance in against the people responsible, if nothing comes from this then you need to look taking the company to a tribunal, bearing in mind, although its the company who you take, they have the option to say - no its not the company but the individual, if this happens and you win then any compensation would be paid directly by the individual.
If you need any further advice drop me a mail [e-mail]

Answer 3

Yes it's harassment! Equality in the work place laws which you can very easily research to my knowledge say that you should be able to carryout your work duties without stress or humiliation if the persons involved are calling you names then you do not have to tolerate it at all, if they're stressed that managements issue not yours to be subjected to abuse. The Labour relations agency is great place for practical free advice, you should find them in the yellow pages just explain the issue and they will keep you on the right road.

Answer 4

Verbal (or physical) abuse that interferes with a reasonable person's ability to perform their job is harassment. Check with your state department of labor (www.dol.gov is the Federal site and links to the state sites) for more information about what constitutes harassment and how to file a claim.

No one should have to put up with such an unpleasant work environment. Perhaps if you complain it will improve, if not for you, for the next waitress to take a job there.

Best of luck.

Answer 5

hi - this would not violate human rights regulation and in maximum situations, it would not violate employment regulation the two. besides the fact that, it is going to be the corporation's business company that denies the worker's application, no longer the worker's present day business company. that's legal, and in fact consumer-friendly, for agreements between companies to comprise a "no poaching" clause. what's each so often no longer legal, reckoning on the region, is a business company's precise to limit an worker from in seek of different artwork. Agreements between a business company and an worker which shrink the place an worker can artwork submit-termination, or limit an worker from working in a undeniable marketplace, is probably no longer legally enforceable. for that reason, the corporation is purely no longer possibly to % to jeopardize their relationship with the business company with the help of hiring you. the business company is obviously adamant approximately imposing the words of their contract with the corporation. might desire to you sue them? Yeah - yet in spite of in case you won, what might you get? a activity with a corporation who's annoyed for the reason which you value them a huge account? a foul relationship including your present day business company, with whom you will possibly desire to might desire to deal on your new place? some issues purely are not properly genuinely worth the drama - i might enable it flow.

Answer 6

Oh I'm sorry you feel so bad..I understand how you feel.
I am a head Chef and when i was working in some kitchens, I hated the way the male chefs talked to the waitng staff..they were bullies!
I swore I would never treat my staff that way.

Check here and good luck...don't let the bastards grind you down!!!!

http://www.acas.org.uk/index.aspx?articleid=797