Office Bullying is on the rise, but what can you do about it? Philip Landau – Employment Lawyer – says:
Bullying on the Rise
I have seen a rise in office bullying over the last few years and The City is no exception. This may in part be down to the present financial climate where employers are driving their workforce much harder to achieve results. This has lead to a breed of macho style managers who are often not trained how to properly deal with their staff and may be prepared to sacrifice others to save their own skin.
Some of the classic signs of bullying includes being frozen out of meetings which the individual would normally be expected to attend, having people who would normally report to them taken away, not being asked to pub lunches or other office get togethers, being put on unwarranted performance appraisals, being overly critical in emails and verbal communications, and being generally unpleasant and belittling.
What about the “banter” excuse?
Many will use the “banter” excuse as a defence to an allegation of bullying especially in industries where banter is commonplace such as the finance and banking sector. Banter is all well and good and an employee cannot complain whilst they are a party to it. It is a different matter however, where someone crosses the line and makes it personal to the obvious distress of the recipient of the banter. In those circumstances, the banter can turn into a case of bullying and harassment. It is not always clear where the line is drawn, but if the employee makes it clear that the other person has gone too far- that is a sensible starting point as to whether that banter has then crossed the line.
So what should you do if you are being bullied?
If you are being bullied at work, first consider whether the situation can be resolved informally, for example, by discussing your concerns with your line manager, an HR representative, union official, or even the person who is bullying you (they may not realise they are doing it and most bullies do not like to be confronted). Generally speaking, the more people who know, the more difficult it is for the bullying to continue. It may even be the case that other colleagues are experiencing a similar treatment so it can also be helpful confide in certain colleagues as to what is going on.
It is advisable to keep a diary record of every event in which you feel bullied, as well as any emails and other written communications which demonstrate the bullying. This documentation will not only be useful when you are required to recall instances of bullying, but can also show that a series of isolated instances (which can often appear ‘trivial’) are actually part of a more serious campaign against you.
If you need to take matters further on a formal basis, you should first lodge a written grievance against your employer. Your grievance will be heard by someone above the person who is bullying you (unless you work for a small company in which case it may have to be heard by the actual bully). If the bullying still continues, you have the right to resign and claim constructive dismissal – this being a breach of the implied duty of trust and confidence by your employer making it untenable for you to continue being employed. In some cases, where the matter is so serious and you simply cannot confront the bully under the grievance procedure or otherwise, then you may have to resign and claim constructive dismissal without having first lodged a grievance- although professional advice should always be sought before doing so.
You would generally need to be employed for 1 year to make a constructive dismissal claim although there are certain exceptions such as where discrimination is being alleged. A claim must be brought to the Employment Tribunal within 3 months of the termination of your employment.
In a small company, you may have to lodge a grievance against the individual (s) who are causing you grief, because there is no other higher person to complain to. In larger companies, there will always be a higher line of management for you to lodge your grievance with.
What if you are too frightened to leave your job in the current climate?
Unless the matter is so serious as to make any ongoing relationship untenable, most will not want to leave without having first secured another job. I have found, however, that many people will decide that they are too stressed to go into work on a day to day basis because of the bullying and they ask their GP to sign them off work due to stress and anxiety. Most GP’s will do this when asked, assuming it is a genuine case. If I am advising a person who has been signed off in this way, many will never want to return to work.
It is often possible in these circumstances, to negotiate an exit for the employee with a suitable lump sum, which is a sensible option for both employer and employee. Any settlement will include the employee’s notice and will usually also provide for a further tax free enhanced payment, together with a job reference. The individual who is on stress leave will simply never return to the workplace where such a settlement is reached-although invariably a “compromise agreement” will need to be entered into to prevent the employee from later making any legal claim.
Take Professional Advice
It is always a good idea to take professional advice from an employment lawyer where you are being bullied, especially as you will be feeling vulnerable. And with the greatest of respect to your employers- they are not going to advise you themselves of your employment law rights!
CityJobs.com have partnered with specialist employment law solicitor Philip Landau, to bring you expert advice on your rights in all key areas of your working life. As a CityJobs.com user you are also entitled to receive a free initial consultation on all employment law issues from Philip. Philip can help with a number of legal problems; perhaps you feel your employer isn’t following their legal responsibilities, you believe you have been dismissed unfairly or you are unsure about clauses in your contract. Once he knows your specific situation he can let you know what your rights are and what action you can take. To get in touch with Philip, click here, fill in the form quoting ‘Cityjobs’, and he will contact you to discuss. Alternatively call Philip on 020 7357 9494 or email him at pl@lzwlaw.co.uk.
Philip Landau is a partner, specialising in employment law, in the London legal firm Landau Zeffertt Weir.
Disclaimer. The information and commentary on the law on this website is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying upon it, it is assumed by either CityJobs.com or Landau Zeffert Weir. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a solicitor about your case or matter and not to rely on the information or comments on this site.
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