Self Employed being Bullied and nobody can help?

bizleads

I got a friend who is self employed and is being harassed, bullied at work by other self employed person. Company that hired both of them know this, but don't really want to get involved to resolve it. It has been going on for some time.

My friend started to contact government agencies (NERA, CA, etc.), but all of them refuse to help, because he is self employed and not employee of a company as such. Even though he has written testimonies from numerous vitneses.

Same thing from solicitors- their advice just to leave the job.

He does not want to stop work there, because it is his only source of income.

Who can help him? Any ideas?

ABajaninCork

Get a specialist employment lawyer.

professore

bizleads wrote: »

I got a friend who is self employed and is being harassed, bullied at work by other self employed person. Company that hired both of them know this, but don't really want to get involved to resolve it. It has been going on for some time.

My friend started to contact government agencies (NERA, CA, etc.), but all of them refuse to help, because he is self employed and not employee of a company as such. Even though he has written testimonies from numerous vitneses.

Same thing from solicitors- their advice just to leave the job.

He does not want to stop work there, because it is his only source of income.

Who can help him? Any ideas?

If it's his only source of income, then he's not really self employed. The Revenue would deem him an employee with all the rights and obligations that entails.

And ... how can he be bullied? Tell the other guy to f**k off (edit - not literally - in the nicest possible way). Go to the company and tell them that it's affecting his ability to do his job. Put him in a situation where it's clear he screwed up and hang him out to dry. You have to grow a thick skin to be self employed - no one looks out for you, you have to do that for yourself.

bizleads

Thank you all for your advice:

Employment lawyer said that it is not under employment law, but under contract law with the company. Because he is self employed proper contract should have been made with the company. But it is just basic contract, nothing about bullying or harassment.

He met with the management numerous times to complain about it, the only thing they say, that they will investigate it and talked to the guy numerous times to stop it too, but he just laughts in their face and tells that they cant do anything about it.

He told them that if they will fire him he will sue everyone in the management personally for discrimination.

I agree that you have to grow the balls, but he just want to do the job and not go to work like to the war everyday.

professore

I hear you - it is a pain alright.

What sort of bullying and harassment is it? Personal? Work related? Physical? Psychological?

bizleads

Personal, work related and everything else except physical

professore

Well then either stand up to him / her and give them as good as you get, or leave. I think that's the only 2 choices

Generally bullies like this are able to give it not able to take it themselves at all.

I'd confront them right up in their face, one on one, and say "what's your problem with me, you pathetic excuse for a human being - why do you need to make yourself feel better by picking on me all the time ?" or something like that, and do it in front of everyone. 2 possibilities: a: they cower away and become ridiculously helpful and deferent (this has ALWAYS been the result I've found - but I am a pretty big guy that gets angry and am not afraid when things reach that point) or b: they lose the rag and take a swing at him (highly unlikely). Either way your friend wins.

Edit: or what seamus said below, but I wouldn't hold my breath with that approach.

seamus

Make a complaint to the Gardai about intimidation and harrassment.

conorh91

Your friend should ask his solicitor about the application of the Health, Safety & Welfare at Work Act 2005 and its correspondent regulations to his case.

The Act imposes certain duties on those who control a non-domestic place of work made available to other workers, but who are not necessarily the employers of any or all of the workers at that site.

The Safety, Health and  Welfare at  Work Act 2005 is one of the four approaches available to workers in cases of workplace bullying. The others are breach of contract (breach of mutual trust and confidence), tort of negligence, and another that I have momentarily forgotten.

Other civil remedies should be discussed with your friend's solicitor. It's way too complicated a question to be seeking or getting advice from the internet.

bizleads

Thank you all for advice, I guess conorh91 and seamus advice is what would help him the most, because he does not want to fight and would someone else to enforce the law

Lmklad

bizleads wrote: »

Thank you all for advice, I guess conorh91 and seamus advice is what would help him the most, because he does not want to fight and would someone else to enforce the law

Here you go. See if this help, you'd be surprised what a quiet word from a Garda can do.

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0010.html#sec10

Cen taurus

"Same thing from solicitors- their advice just to leave the job."
They are right.
No one is going to do anything about it, from HR to the courts, you can spend thousands if you want to.
Have a look a the whistleblowers programme on TV3 player.
Best solution is to move on, and leave them all to their toxic and disfunctional workplace.
Everyone says they can't move/leave for the first year or two of the abuse, but they all have to anyway when its too late, and their health has been destroyed in the process.