Employment Law Can Tackle the Bully within your Workplace!
A recent Court of Appeal decision concerning the Defense against Harassment Act makes it tougher for employees to bring the kind of bullying directors and senior managers to justice. This, however, does not always mean that companies should shy away from taking a hard line against bullies at work, in particular those who hold a stride of authority - those who work in senior or management position, for example.
Many Employment Law specialists are situated in agreement the Court of Appeal has actually caused it to be more challenging for staff to face an opportunity of winning a bullying claim with their latest ruling. But, regardless of this, employees still need lots of options with regards to bullying claims, therefore the ruling does not always mean that companies can just relax and do nothing in the hope that the issue decreased into thin air.
Good legal services to companies would advise that it is necessary that you investigate and record all complaints and subsequent action thoroughly and interview everyone concerned, otherwise it is the company that may be about the receiving end of the claim, rather than the one that will be attributed.
An exam case a couple of years ago discovered that an employee could successfully claim bullying under the Protection from Harassment Act should they can be incidents had happened on a minimum of two occasions. But the Court of Appeal has since ruled that these incidents had to be 'oppressive and unacceptable, amounting to criminal conduct', instead of simply ill-tempered or inappropriate.
Even if this can be seen to point out that the courts are actually taking a better made approach in determining what is harassment at work, there's no room for complacency if allegations of bullying are manufactured by staff. Complacency could possibly be the among quickly disproving any allegations of bullying produced by staff and getting into elongated, time-consuming lawsuits.
A great way to do this is always to provide an anti-bullying policy set up and be sure all staff understand it. If allegations of bullying are turned out to be true, it may be viewed as advisory to take disciplinary action against those involved - whether they are directors or shop-floor staff. In case a director is involved, ensure your investigation is not seen as a protective cover up just to protect a fellow member of the board. You need to also ensure that the individual who is investigating the truth is at a sufficiently senior level within the company for their actions being given serious attention.
It's also worth paying regular attention to updates and alterations in what the law states, even though it's just by reading the paper and checking several key websites for the most information, since the law is something which changes on a regular basis. As anybody who has handled them knows, issues tend to be extremely complex which is always, therefore, worth seeking legal counsel from a reputable company in case you are in a doubt as to what your location is in relation to the current Defense against Harassment Act or, indeed, every other acts.
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