Harassment at work

[chipsandsausages]

Hi, this matter has been ongoing for some time, and I really need to sort it out now.

 

Myself and a colleague made a report on somebody at work for gross negligence. Now I'm really not one for telling tales, but this person was responsible for the death of somebody in their care and was about to do it again, so I think we were justified.

 

The person in question was suspended but reinstated after the management identified a "training need".

 

Since this person returned to work, both myself and my colleague were threatened both in person and by malicious telephone calls. The police were involved and issued a warning.

 

My employer did nothing.

 

Some time has passed, and I have now received death threats by way of text message. I have gone back to the police who are investigating, and I strongly suspect it is this person. They have said it will happen at work with a knife.

 

My employer is doing nothing.

 

My question is this.

 

If the police investigation cannot prove "beyond reasonable doubt" who is responsible, will I have enough for a civil case with a diary of incidents and a file full of emails to my manager that went unanswered?

 

This harassment started since the report was made. Nobody else has an axe to grind with me.

 

Many thanks for your help

[chipsandsausages]

A civil case working on the "balance of probability" I mean.

[Emmzzi]

A case against the employer or the harasser?

[chipsandsausages]

The harasser. If I can't prove beyond reasonable doubt, but the balance of probability finds him guilty I mean.

[altobelli]

You may do, but do you have any proof as to the culprit - it may well be the person you believe it to be, but is there any evidence?

[ericsbrother]

How did the deasth come about? was it a colleague or a client/patient/customer? Was the HSE involved? If so then try and find out how things were reported and by whom and if they are not part of the management dealing with your suspected harasser then take the matter up with thm as a health and safety issue, not protecting the employee (you). This may seem an odd way of approaching things but the burden of proof shifts dramatically with H&S issues and the action taken can be immediate. It could be that the management have serious training problems that they dont want advertised and this is their way of keeping it under the radar so an ally elswhere in the organisation will help you.

[Emmzzi]

I think you're being a bit premature. Let the police complete the investigation first.

[chipsandsausages]

The police completed an investigation last year. He was issued a harassment warning on the other member of staff and was arrested for making threatening phone calls to me. He used a mobile phone from work to make the calls and because that didn't prove beyond reasonable doubt it was him (only my word that it was his voice) it was passed back to my employer to deal with it internally. They took no fuirther action.

 

I do believe these latest messages are from him as they use the same wording as his calls, and refer to both myself and the other member of staff involved.

 

I need to ask the police to trace the sim card used, as it was not a work phone. That will take a little time I know, but I wondered, if the police still can't prove for sure, is there enough for a civil case against him? I'd also take my employer for failing to protect me from violence at work.

[Emmzzi]

fastest route would be a restraining order for which I suggest a lawyer

[chipsandsausages]

Yes, I can do that, but I need advice on taking out a civil law suit can I use "balance of probability" in a civil case?

[assisted blonde]

civill law is based on the balance of probability, but bear in mind the cost of such a case

[Atlas01]

 

I do believe these latest messages are from him

 

In law this translates to i have zero evidence and am guessing (fair enough an informed guess)

 

It's a horrible situation to be in but i think you have to be patient and hope this person slips up to an extent that they make a mistake and leave a piece of evidence which is irrefutable that it was them.

 

The only positive to this is that the more grief you get the more chance of this happing is the outcome, if it was me and i got a text i'd make sure i was a happy as larry when near them the next time i saw them as it may motivate them to think "right........................................"

 

It's the old adage of giving them the rope to hang themselves with

[Emmzzi]

Is your aim safety or cash??

[steampowered]

Have you made a formal written grievance to your employer setting out why you believe the threats are coming to this person, and asking them to take appropriate steps in accordance with their duty of care? If not, you should consider it. Written documents are much more difficult to fob-off than verbal requests and if this did end up in court you would want a paper trail.

 

Noone can give you a definitive answer whether you will have enough for a civil case. It sounds like you have already some evidence. Trying to give a more definitive answer at the moment is a little pointless because you don't yet know what evidence the investigation will turn up.

[chipsandsausages]

My aim is justice. I don't want cash. Why would I want cash when there is a direct threat to my life?

 

I did grievance it and also requested a dignity at work investigation. Both were denied due to lack of evidence. The police found the previous malicious calls were coming from a mobile phone registered to my employer. As phones are not booked out to individuals, it didn't prove beyond reasonable doubt. It was handed back to my employer for an internal investigation and was closed. I have no other problems with any other colleagues. Plus, I recognised the voice as his. But it's still my word against his.

 

These latest messages are from a mobile not registered to my employer. The police are doing a subscriber check which will tell us where the sim card was bought and how it was topped up etc.

 

The content of the text messages say that I am going to be killed whilst on duty, with a knife. They also mention my other colleague is also going to be killed and that the police can't help us. They used words that were used in the calls from last year. (You cowards etc.)

 

Everything points to him.

 

My employer is doing absolutely nothing. Not even asking him about it.

 

I'm so frustrated at their lack of urgency and lack of care it's astounding.

[Emmzzi]

if it isn't about money then messing about with a civil case which may take months to come to court is much less effective than a restraining order.

[assisted blonde]

look for a new job!

[san_d]

look for a new job!

Sure. Plenty of them around. And with a grievance in hand that makes an excellent reference.

[assisted blonde]

Well never say never always think there is something

[chipsandsausages]

I'm a paramedic. There is only one ambulance service. I would have to ditch a job I love. And why should I? I've done nothing wrong.

[san_d]

Well never say never always think there is something

 

Plenty of work experience for £0 a week at Poundland.

[assisted blonde]

Yes that's true but there is always something if you look around, may not be the best in the world but there is something for most people, I get a little fed up with people going on about not having a job, there are jobs if you look not for everyone perhaps and scream horror you might actually have to do some work and travel! but actually I wasn't saying get a new job I was saying look around because just coz you are doing one thing it dosnt mean there may be something else out there, tbh I got my current job with a throwaway CV wasn't actually looking was happy where I was and ended up with the best job I have ever had, and I am no Spring Chicken, and female and classed as disabled so it can be done

And if I were an employer and could get some work done for nothing I would ha ha

Edited June 16, 2013 by assisted blonde

[chipsandsausages]

This thread has gone a little off the point. From qualifying as a paramedic, which took blood, sweat and tears as a single mother, to asking for advice regarding the legalities of a civil law suit, to being advised to "ditch" my career and look for something else.

 

I refuse to let this idiot win.

 

I've instructed a solicitor.

 

I have enough to go to a civil court.

 

Thanks for all your input guys x

[Emmzzi]

ask about a restraining order while you have a solicitor... honestly, it'd be helpful!