would you recognise it
And how would you deal with it
Boss employee or inter employee bullying
And how would you deal with it
Boss employee or inter employee bullying
Bullying in the work place
- Thread starter roscoe erf
- Start date
This is the legal angle:
As an employer you have a duty of care for all of your employees to prevent bullying and harassment. You also have legal responsibilities under the Health and Safety at Work Act 1974 for the welfare of employees. If mutual trust and confidence has broken with your employer due to bullying at work, then you can resign and claim constructive dismissal. This is because your employer has broken his agreement with you. You would need two years’ service to qualify.
If you have experienced harassment in relation to a protected characteristic (for example, disability), you can similarly bring a claim for constructive dismissal. You can also claim damages for harassment under the Equality Act. In both cases,you should lodge a grievance before resigning, and if you don't it might reduce your claim at tribunal by 25%. A tribunal claim for harassment must be brought within three months of the last discriminatory act. You need to notify Acas under their early conciliation process within this timeframe.
If your an employer It isn't just about your actions. You should already have a grievance procedure and a employment policy, outlining commitments from your staff and yourself. It might be your farm manager bullying a farm hand and you'll still be legally responsible.
As an employer you have a duty of care for all of your employees to prevent bullying and harassment. You also have legal responsibilities under the Health and Safety at Work Act 1974 for the welfare of employees. If mutual trust and confidence has broken with your employer due to bullying at work, then you can resign and claim constructive dismissal. This is because your employer has broken his agreement with you. You would need two years’ service to qualify.
If you have experienced harassment in relation to a protected characteristic (for example, disability), you can similarly bring a claim for constructive dismissal. You can also claim damages for harassment under the Equality Act. In both cases,you should lodge a grievance before resigning, and if you don't it might reduce your claim at tribunal by 25%. A tribunal claim for harassment must be brought within three months of the last discriminatory act. You need to notify Acas under their early conciliation process within this timeframe.
If your an employer It isn't just about your actions. You should already have a grievance procedure and a employment policy, outlining commitments from your staff and yourself. It might be your farm manager bullying a farm hand and you'll still be legally responsible.
- Location
- Bury St Edmunds
Who's picking on you?
Danllan
Member
- Location
- Sir Gar / Carms
There was some genuine bullying in the Army of the 90's, and a hell of a lot that would probably now be condemned as bullying by some but, in fact, wasn't.
@Formatted has given a fair appraisal of how the law stands, however... I have it from friends in the business that 'bullying' is considered to be the new whiplash - meaning that it is generally subjective, extremely difficult to disprove and likely to see an OOC settlement.
If there is genuine bullying, it should be countered and dealt with immediately; use the prescribed processes for wherever you work, if they don't achieve a satisfactory result go to law.
@Formatted has given a fair appraisal of how the law stands, however... I have it from friends in the business that 'bullying' is considered to be the new whiplash - meaning that it is generally subjective, extremely difficult to disprove and likely to see an OOC settlement.
If there is genuine bullying, it should be countered and dealt with immediately; use the prescribed processes for wherever you work, if they don't achieve a satisfactory result go to law.
You are
General-Lee
Member
- Location
- Devon
I wondered how you know it’s bullying sons having some issues at work and wondered how you know for sure a line has been crossed
Or if I’m really lucky bothHis missus or the dogs?!
What if it’s your boss
haulmblower
Member
- Location
- Staffordshire
Does he work alone or with other employees?
Anyone to witness what's happening?
Anyone to witness what's happening?
I'm not a lawyer but this is what I'd do:
- Ask yourself, is this me being over sensitive or is this actual bullying, talk to a partner about it or FCN (01788 510866)
- Talk to your boss about how their actions are making you feel. Do this face to face and try to get an agreed way forward, take notes after the meeting
- If nothing improves, put in writing your grievance, there are online guides on how to do this if it wasn't clear when you started the job (there should be a grievance process)
- Resign and file for constructive dismissal with Acas. (do get professional advice before you do this NFU will help)
Difficult he is the new by there the other chap is very clicky with boss
Danllan
Member
- Location
- Sir Gar / Carms
The law is based on subjective feelings; the definition / test is - at least in theory - objective, but the fact that an alleged victim is, effectively, self-identified means that there is an implicit and default bias to their favour.
haulmblower
Member
- Location
- Staffordshire
Ah, I've been there. I just kept my mouth shut till the other fella fudged up then gave him a lot sarcastic abuse. It took 6 months.
Childish I know but very enjoyable.
Childish I know but very enjoyable.
Strawgalore
Member
- Location
- South Cumbria
I think @haulmblower has nailed it, the other party may not realise that he's crossing the line, Id suggest young roscoe bides his time and collects as much info on his chum and then nails him ,
Strawgalore
Member
- Location
- South Cumbria
@multi power do you think concealing your identity to another forum member could be classed as bullying ??
- Location
- Fife
I experienced some while in the rehab platoon during training. Nothing from the instructors. I mean I got plenty of abuse from them but I took it as part of training.
I was 18 and straight from school, whereas the average age was 24 with a degree or prior service. The issue came from fellow cadets. There were a couple of career sickies who enjoyed the easy life in rehab. A couple of them were particularly unpleasant.
I waited until I got the biggest one out of view of any witnesses, then locked my arm around this throat and chocked him till he turned blue. I didn't get any trouble after that.
My wife reliably informs me this is not the way things are done in the "real world", but I think it has merit.
My brother in law was getting a lot of grief off a fellow welder on site. I suggested an industrial accident, but he ended up leaving the job instead.
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multi power
Member
- Location
- pembrokeshire
I'm surprised you took so long to work it out !