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How to deal with harrassement following court case with another employee

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Hi,

 

I am an employee on a Zero Hours contract. I work with Mr. X and had to take him to court and won the judgement. The 14 days deadline has passed and he is yet to make payment.

 

I have a question about how to approach the working environment with Mr X who I took to court and was awarded the judgement which hasn't been paid.

 

The case took two years to go to court during which time I had to endure being harassed at work. Before the court case, I sought Mediation to avoid court action and complain about being harassed. The meeting was held by my line Manager at work who chaired an impartial meeting with Mr. X. Following this meeting Mr. X went to H.R. and then another meeting was held and I was advised / warned to only engage in work related discussions with him going forward.

 

The entire Management Team support him (apart from my line Manager who's hands are tied). Therefore I cannot follow the standard grievance procedure in the staff handbook (i.e. speaking to Management first).

 

We still work together and I haven't seen him since the court case but will do tomorrow. He is discussing the case with colleagues at work and stating the 14 days given to pay doesn't matter as long as he pays within 30 days, he can get the CCJ taken off his record as if it never happened.

 

I am concerned that Mr. X may approach me at work regarding the case. Where do I stand legally? I have contacted ACAS and understand about my rights to work in a safe environment (mentally and physically).

 

If he approaches me at work to discuss the case, would I be considered reasonable to advise him to send me a recorded delivery letter for any further discussions regarding payment arrangements?

 

If I have to make the payment to go back to court to make him pay will the Judge see my behaviour as unreasonable and that I am supposed to talk to Mr. X on his terms?

 

Any advice would be appreciated.

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Who's 14 day time limit?


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CCJ for harassment? I dont think the OP is telling the full story


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Who's 14 day time limit?

 

Hi dx100uk,

 

The 14 days relates to the time Mr. X was supposed to pay the judgement order to me and this has passed.

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CCJ for harassment? I dont think the OP is telling the full story

 

 

Hi renegadeaimp,

 

I think the way I have written it is confusing the issue.

 

I took a work colleague - Mr. X to small claims court for an issue which took place at work. It was a contract related case - breach and contract and fraud involving money.

I approached employers to mediate to avoid court action. The employers and Management said it is nothing to do with them.

 

The court case has now taken place and Mr. X and I continue to work together. My problem is about continuing to work with him and his behaviour.

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Thanks Andyroch. I may have confused the issue mentioning the court case, but I thought part of my query is employment related so posted that part here.

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Hi,

 

I am an employee on a Zero Hours contract. I work with Mr. X and had to take him to court and won the judgement. The 14 days deadline has passed and he is yet to make payment.

 

I have a question about how to approach the working environment with Mr X who I took to court and was awarded the judgement which hasn't been paid.

 

The case took two years to go to court during which time I had to endure being harassed at work. Before the court case, I sought Mediation to avoid court action and complain about being harassed. The meeting was held by my line Manager at work who chaired an impartial meeting with Mr. X. Following this meeting Mr. X went to H.R. and then another meeting was held and I was advised / warned to only engage in work related discussions with him going forward.

 

The entire Management Team support him (apart from my line Manager who's hands are tied). Therefore I cannot follow the standard grievance procedure in the staff handbook (i.e. speaking to Management first).

 

We still work together and I haven't seen him since the court case but will do tomorrow. He is discussing the case with colleagues at work and stating the 14 days given to pay doesn't matter as long as he pays within 30 days, he can get the CCJ taken off his record as if it never happened.

 

I am concerned that Mr. X may approach me at work regarding the case. Where do I stand legally? I have contacted ACAS and understand about my rights to work in a safe environment (mentally and physically).

 

If he approaches me at work to discuss the case, would I be considered reasonable to advise him to send me a recorded delivery letter for any further discussions regarding payment arrangements?

 

If I have to make the payment to go back to court to make him pay will the Judge see my behaviour as unreasonable and that I am supposed to talk to Mr. X on his terms?

 

Any advice would be appreciated.

 

I think the way I have written it is confusing the issue.

 

I took a work colleague - Mr. X to small claimsicon court for an issue which took place at work. It was a contract related case - breach and contract and fraud involving money.

I approached employers to mediate to avoid court action. The employers and Management said it is nothing to do with them.

 

The court case has now taken place and Mr. X and I continue to work together. My problem is about continuing to work with him and his behaviour.

 

Original thread in connection with regards to Judgment.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?449357-Ltd-Building-Co-Fraudulent-activity-walked-off-job-amp-Director-put-funds-into-own-bank-account

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I don't think you have any obligation to discuss the case with him at work. It would be perfectly reasonable to ask him to direct any requests/correspondence to you in writing outside the workplace.

 

Of course if you are happy to discuss the case with him then you are free to do so. The line would presumably be that the court has made a final decision, and if he doesn't like it then he can appeal (of course if he does appeal this may result in him becoming liable for further costs if he loses).

 

He is discussing the case with colleagues at work and stating the 14 days given to pay doesn't matter as long as he pays within 30 days, he can get the CCJ taken off his record as if it never happened.

That sounds good, as it sounds like he intends to pay.


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I don't think you have any obligation to discuss the case with him at work. It would be perfectly reasonable to ask him to direct any requests/correspondence to you in writing outside the workplace.

 

Of course if you are happy to discuss the case with him then you are free to do so. The line would presumably be that the court has made a final decision, and if he doesn't like it then he can appeal (of course if he does appeal this may result in him becoming liable for further costs if he loses).

 

 

That sounds good, as it sounds like he intends to pay.

 

 

Hi Steampowered,

 

Many thanks. I feel a little less anxious about work tomorrow. I will ask Mr. X to direct any requests in writing outside the workplace. Then if anything else happens, I have proof.

 

Because Bow County Court are so slow, I do not know how long it would take for me to be notified if he did appeal. Hopefully, he is just delaying payment.

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Hi Steampowered,

 

Many thanks. I feel a little less anxious about work tomorrow. I will ask Mr. X to direct any requests in writing outside the workplace. Then if anything else happens, I have proof.

 

Because Bow County Court are so slow, I do not know how long it would take for me to be notified if he did appeal. Hopefully, he is just delaying payment.

 

How did it go at work?

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How did it go at work?

 

 

Hi Ganymede,

 

I saw him several times. He had to walk past me a few times. He just stared at me, so I held eye contact and he said nothing.

 

Thank you for asking.

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if he doesnt pay in the time ordered by the court then you may contact the court bailiff section and instruct them to collect the money on your behalf. This will bump up his costs by another £70+. If the sum is more than £600 (used to be so check) you can go for a high court order and then use a HCEO to enforce the order and that can go as far as a distress warrant for seizing goods to the value. Yopu can aslo ask for an attachment of earnings order- at least you know where he works

You may not discuss this with your employer

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if he doesnt pay in the time ordered by the court then you may contact the court bailiff section and instruct them to collect the money on your behalf. This will bump up his costs by another £70+. If the sum is more than £600 (used to be so check) you can go for a high court order and then use a HCEO to enforce the order and that can go as far as a distress warrant for seizing goods to the value. Yopu can aslo ask for an attachment of earnings order- at least you know where he works

You may not discuss this with your employer

 

 

Hi ericsbrother,

 

Many thanks for all the information and advice. He has a few more days to pay, but has still not paid yet.

 

I looked on Form EX323 - https://www.moneyclaimsuk.co.uk/PDFForms/EX323.pdf

 

it says that before asking for ask for an attachment of earnings order, which will cost a fee, I can ..

 

"... Ask the court in the defendant’s home area to search the attachment of earnings index."

 

I sent Form N336 to the court about 2 weeks ago now but have not had a response yet. "

 

I will find out about contacting the court bailiff section and instructing them to collect the money on my behalf.

 

I will also check about the high court order and if the sum is still more than £600 and using a HCEO.

 

I still don't have the judgement order from the court. Do I need this paperwork before taking action?

 

I will be sure not to discuss the attachment of earnings with my employer thank you.

 

Regarding the CCJ - we work in an environment handling large amounts of money and a safe.

Would the CCJ only be an issue if his employment contract specifically states he must divulge a CCJ? Some of my colleagues say I should report him and the outcome of the case. I have checked the staff handbook and any grievances have to be addressed with Management first who are supporting him, so they have said it is not work related even though he began the contract whilst on duty at work. They will not allow this to be reported beyond them. I am unsure.

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Hi ericsbrother,

 

Many thanks for all the information and advice. He has a few more days to pay, but has still not paid yet.

 

I looked on Form EX323 - https://www.moneyclaimsuk.co.uk/PDFForms/EX323.pdf

 

it says that before asking for ask for an attachment of earnings order, which will cost a fee, I can ..

 

"... Ask the court in the defendant’s home area to search the attachment of earnings index."

 

I sent Form N336 to the court about 2 weeks ago now but have not had a response yet. "

 

I will find out about contacting the court bailiff section and instructing them to collect the money on my behalf.

 

I will also check about the high court order and if the sum is still more than £600 and using a HCEO.

 

I still don't have the judgement order from the court. Do I need this paperwork before taking action?

 

I will be sure not to discuss the attachment of earnings with my employer thank you.

 

Regarding the CCJ - we work in an environment handling large amounts of money and a safe.

Would the CCJ only be an issue if his employment contract specifically states he must divulge a CCJ? Some of my colleagues say I should report him and the outcome of the case. I have checked the staff handbook and any grievances have to be addressed with Management first who are supporting him, so they have said it is not work related even though he began the contract whilst on duty at work. They will not allow this to be reported beyond them. I am unsure.

 

 

I have an update.....having taken your advice and checked about the high court order. You are correct, the sum is still set at more than £600. Unfortunately, it says that judgments over £5,000 may only be enforced by an HCEO and my amount is below this.

 

I will now look at contacting the court bailiff section and how to instruct them to collect the money on my behalf.

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HCEOs must be used for judgments over £5,000. But they can be used for judgments over £600.

 

It sounds like you have a choice between HCEOs or county court bailiffs.


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HCEOs must be used for judgments over £5,000. But they can be used for judgments over £600.

 

It sounds like you have a choice between HCEOs or county court bailiffs.

 

Hi steampowered,

 

I will go back and look at the HCEOs again and compare to the county court for the best option.

 

Many thanks.

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you are still jumping the gun, let the clock run the month and then decide, he may well pay up after pay day as leaving it longer will trash his credit score

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you are still jumping the gun, let the clock run the month and then decide, he may well pay up after pay day as leaving it longer will trash his credit score

 

Thank you ericsborther. I think it's because I felt the court case went badly with Bow CC losing all my paperwork, the judge and not having received the judgement or a response to my complaint about Bow yet. If I have to deal with Bow again, I want to be fully prepared what 'should' happen. Many thanks again.

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