Posts Tagged ‘Employment’
Understanding The Law… Employment Law
Friday, November 12th, 2010Employment Law Can Tackle the Bully in Your Workplace!
Saturday, September 4th, 2010A recent Court of Appeal choice regarding the Protection from Harassment Act has made it tougher for employees to bring the likes of bullying directors and senior managers to justice. This, but, does not mean that companies should shy away from taking a hard line against bullies in the workplace, particularly those who hold a measure of authority – those in senior or management spot, for instance. Many Employment Law specialists are now in agreement that the Court of Appeal has in fact made it more hard for staff to stand a chance of winning a bullying claim with their newest ruling. But, despite this, employees still have plenty of options when it comes to bullying claims, so the ruling does not mean that companies can simply sit back and do nothing in the hope that the issue will disappear into thin air. Excellent legal advice to companies would recommend that it is elemental that you investigate and record all complaints and subsequent action thoroughly and interview everyone concerned, otherwise it is the company that could be on the receiving end of a claim, and not the person who is being held responsible. A test case two years ago found that an employee could successfully claim bullying under the Protection from Harassment Act if they could verify incidents had happened on at least two occasions. But the Court of Appeal has since ruled that these incidents had to be ‘oppressive and unacceptable, amounting to criminal conduct’, rather than simply ill-tempered or inappropriate. Even if this can be seen to indicate that the courts are now taking a more robust approach in determining what is harassment in the workplace, there’s no room for complacency if allegations of bullying are made by staff. Complacency could be the difference between quickly disproving any allegations of bullying made by staff and entering into elongated, time-consuming legal battles. A excellent way to do this is to have an anti-bullying policy in place and make sure all staff are aware of it. If allegations of bullying are proved to be right, it could be seen as advisory to take disciplinary action against those involved – whether they are directors or shop-floor staff. If a boss is involved, make sure that your investigation is not viewed as a cover up just to protect a fellow member of the board. You must also ensure that the person who is investigating the case is at a sufficiently senior amount in the company for their events to be taken seriously. It is also worth paying fixed attention to updates and changes in the law, even if it is just by reading the paper and checking a couple of key websites for the most vital information, as the law is a touch which changes on a fixed basis. As anyone who has dealt with them knows, legal issues tend to be extremely complex and it is permanently, therefore, worth seeking legal advice from a sound company if you are in any doubt as to where you stand in relation to the current Protection from Harassment Act or, indeed, any other acts. This article is free to republish provided the authors resource box not more than remains intact.