Establishes a precedent of one stress breakdown rather than the two stress breakdowns required by the judgment in Walker v. Northumberland County Council. Jeffery Long was a successful telephone procurement manager with no previous history of psychiatric injury. He was asked to provide a confidential report, which implicated his line manager, Simon Stone, in mismanagement. The report was disclosed to his line manager who then immediately carried out a "vendetta" against Mr Long with the probable intent of driving him out of the company.
This vendetta involved wrongfully blaming him for the mismanagement, taking important procurement contracts from him, making unfounded allegations against him, of abusing customers and breach of confidence resulting in suspension and placing orders without authority. The Claimant complained to the Personnel Manager about this conduct but not about the effect it was having upon him.
The Personnel Manager in turn complained to the Managing Director who did nothing because he favoured Stone.
HR Management - Bullying
Eventually, the Claimant was separated from Stone by being demoted. Mr Long suffered an adjustment reaction. The Defendants had to admit liability on the third day of the trial and fought damages. For full press release click here. The court heard how Mr Barber suffered depression following "brusque, autocratic and bullying" behaviour of head teacher Margaret Hayward. A restructuring exercise meant that Mr Barber's workload increased but resources were withdrawn. Despite being alerted, the school responded unsympathetically and did nothing to alleviate the situation.
Somerset County Council has appealed. The focus of the victimisation appeared to be one senior officer who was described by the occupational health doctor as "a fascist bastard" and by a counsellor as "a pig" Daily Mail, 22 Feb , p Noonan —v- Liverpool City Council : 8 th July Mrs Noonan was subjected to isolation being sent to Coventry for 9 months , excessive supervision, being monitored at home whilst on sick leave, and criticisms about alleged lack of time-keeping.
He was really brutal and I sometimes wondered if he too was deliberately trying to make me cry. Looking back, I was surrounded by dysfunctional people. It's a familiar tale: tears, tantrums, the nagging feeling that you're no good. So it may surprise you to know that English doesn't believe this was bullying. I learned a lot of lessons from them that other, kinder bosses failed to teach me.
Employers should have zero tolerance for intimidation or bullying, but does that mean there is no place for straight talking? According to the Department of Trade and Industry, bullying is the intimidation of an employee by physical or verbal violence, abuse or humiliation. It includes being picked on, being unfairly treated or blamed for incidents, being routinely overworked and consistently denied career or training opportunities. It is behaviour that happens privately or in front of colleagues and in any form of communication.
It is an issue underpinned by startling statistics. A recent survey by the Unison union and Company magazine revealed one-third of young women claim to have been bullied , often by other women. Yet there is a danger in confusing bullying with straight talking. To assume that the latter is always the former could make us incapable of looking our colleagues in the eye for fear of unbalancing their delicate constitutions. So when is a bullying boss really only a gruff manager?
When their comments are connected to the work and not the person, says Mandy Rutter, clinical manager at Axa Icas, health and wellbeing specialist: "They won't have personal criticisms about that person, won't single them out and will be consistently straight talking with everybody.
It may be difficult to hear comments connected to performance or behaviour but it is also adult-to-adult communication with evidence to back it up. Honesty can be warranted yet cruel and, according to Rutter, when we are under stress we respond emotionally. There are occasions, though, when tough talking is needed. The recession has demonstrated this and redundancies, restructuring and bankruptcy have forced us to have the difficult conversations we'd rather avoid. In fact it can be beneficial to have a frank approach and staff can thrive on that clarity.
It is not bullying to address important issues, gain clarity or acknowledge what an employee has done to contribute to an issue. Softening the message too much means it can get lost. Nina Dar, founder of Cheeky Monkey, a change management consultancy, agrees. She admits she shocks clients' employees because she is direct and honest, but believes this is the key to success. I've also seen people cry because of my comments.
Yet increasingly we see employees who are happy to work with this style because they want to be treated like adults who can handle challenges," she says. Bullying and harassment scar workplaces and ruin lives. This booklet records some of the mounting evidence that bullying is on the rise in UK Subscribers only.
Bullying and harassment are major problems in workplaces today and there is disturbing evidence that the economic downturn is making matters worse. The scale of workplace bullying words.
Bully for you: Intimidation at work
Results of the TUC biennial safety rep survey words. Over recent years, the survey has charted a steady Bullying in the NHS words.
A study Bullying in the transport and communications sector words. Bullying and harassment is a major problem in the transport and communications sector. Forty two per cent of safety reps in the TUC safety reps Bullying in print journalism — the Leveson Inquiry words. In , the Leveson Inquiry into press ethics revealed a shocking catalogue of bullying and abuse in the newspaper industry.
Twelve journalists Strong unions make it easier to speak out words. It is no coincidence that the hacking scandal began at The News of the World — a paper run by News International, where journalists lacked trade Bullying of interns words. Evidence of the internship explosion can be seen across the British economy, but the worst offender is the media industry, where interns are Bullying in the construction industry — the blacklisting scandal words.
A shocking example of institutional bullying in recent years has been the uncovering of evidence of a culture of systemic blacklisting of workers by Bullying in call centres words.
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Bullying in the education sector words. A online survey of 3, teachers by teaching union NASUWT paints a grim picture of the working climate in schools.
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More than two-thirds of Cyber-bullying of teachers words. The teaching unions have been lobbying the government and local education authorities hard on the issue of cyber-bullying, which is a growing Bullying of cabin crew words. A survey by general union Unite of nearly 2, employees of British Airways mostly cabin crew members found shocking levels of bullying, Bullying in local and central government words. The economic downturn has seen a sharp rise in levels of bullying in local government.
This sector has been blighted by what the TUC describes as Bullying and harassment of vulnerable workers words. In the last 10 years, there has been an explosion in levels of low-paid casualised, short-term and agency labour. The TUC points out that Illegal workers words. The position of illegal workers is even worse. Their illegal status means that little is known about their working conditions, which are brought Domestic workers 97 words.
They are particularly vulnerable since their immigration status and housing are dependent on their Sexual harassment words. It is difficult to find out how common sexual harassment is, because it often goes unreported. A survey in for the Industrial Society now the Racial harassment words. Surveys by the Commission for Racial Equality now part of the Equality and Human Rights Commission over many years have drawn attention to the Harassment of disabled workers words.
In , 7. Employment rates for disabled people Harassment of lesbian, gay and bisexual workers words. Many surveys have found that lesbian, gay and bisexual people commonly experience harassment at work. Harassment of transgender workers words. Until recently, there was little research examining the level of transgender-related harassment in British workplaces. The Equality Act Harassment related to religion or belief words. According to the census, a quarter of UK workers are active members of their faith. Many report harassment at work because of their beliefs.
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Harassment related to caste words. A Home Office study, Caste discrimination in Great Britain, also records worrying evidence of discrimination between castes, including Harassment related to age words. Discrimination and harassment on grounds of age applies at both ends of the age scale, although the BIS Fair treatment at work Age Report found The causes of bullying and harassment words. There are many potential causes of bullying and harassment, but the evidence summarised in this Chapter shows that a key cause is the continuing The consequences of bullying and harassment 19 words.
Bullying and harassment at work have consequences both for individuals and for organisations. The cost of bullying to organisations words. Consequences beyond the workplace 76 words. The consequences of bullying and harassment can extend beyond the immediate workplace, by, for example, making it harder to recruit from different The cost of bullying to individuals words.
Fearful employees will not speak out words. A further cost to employers is that workers will be less likely to speak out about hidden problems because of fear of reprisal. Two recent examples There is no legislation specifically aimed at preventing workplace bullying. Unions campaigned for many years without success for a specific legal Health and safety law words.
Compensation for personal injury words. It may be possible to bring a claim for personal injury in the civil courts where bullying has resulted in reasonably foreseeable psychiatric injury. Successful union action words. Unions have helped a number of bullied members to take cases to the civil courts. Protection from Harassment Act words. A claim may also be possible under the Protection from Harassment Act PHA 97 , although, again, the practical barriers are very considerable.
Criminal offence words. Causing a person harassment, alarm or distress can also amount to a criminal offence and in some circumstances may lead to a police prosecution Criminal law and cyber-bullying 54 words. Under the Malicious Communications Act , it is an offence to send an indecent, offensive or threatening letter, electronic communication or Claims under the Equality Act 59 words. Discrimination law is now found in the Equality Act The Act prohibits harassment, discrimination and victimisation because of race, religion, Harassment under the Equality Act words.
A wide range of conduct can be harassment words. For harassment to be prohibited by the Equality Act , the offensive behaviour does not have to be because the target of the harassment has the Outing a gay worker against their wishes is harassment 95 words. Zero tolerance 98 words. This means that to avoid liability, employers now need to work much harder to make sure that the organisational climate in which people work is one As well as prohibiting harassment related to gender, section 26 2 of the Equality Act outlaws sexual harassment — meaning unwanted Under the Equality Act , the employer is liable for all unlawful acts committed by their employees in the course of employment, whether or not The defence of reasonable steps can now be found in section 4 of the Equality Act This says that an employer will not be liable for This phrase has a wide meaning, and can cover out of Is an employer liable where an agency worker harasses one of its direct employees?
Mr Mahood, of Irish nationality, claimed he was Liability for third party harassment words. Where harassment happens more than once, an employee may also be able to rely on the provisions in the Equality Act prohibiting third party The EHRC Code of Practice suggests that depending on the size and resources of an employer, reasonable steps to prevent third party harassment could Can illegal workers bring claims for harassment under the Equality Act ?
Compensation under the Equality Act 46 words. Where a worker succeeds with a claim for discrimination or harassment under the Equality Act , compensation can include net lost earnings,