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?
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!