Bullying at work compensation claims
What is the definition of bullying?
Bullying is the act of intentionally causing harm to others, through physical assault, or other more subtle methods of coercion such as manipulation Bullying can be defined in many different ways it is unpleasant and can be embarrassing to admit you have been bullied especially in the work place.
Bullying and harassment make someone feel anxious and humiliated. Feelings of anger and frustration at being unable to cope may be triggered others may become frightened and demotivated. Stress, loss of self-confidence and self-esteem caused by harassment or bullying can lead to job insecurity, illness, absence from work, and even resignation. Almost always job performance is affected and relations in the workplace suffer.
No one should have to tolerate this though unfortunately it goes on in the work place every day all over the world.
Employers are responsible for preventing bullying and harassing behaviour. It is in their interests to make it clear to everyone that such behaviour will not be tolerated.
It is interesting that bullying is not directly mentioned as a complaint for employment tribunals but employees can bring complaints for discrimination for the following. Sex, race. Disability. Sexual orientation religion or beliefs. And Or with general harassment.it is also interesting to note bullying may be done with one person or a whole shift of people the humiliation is much the same it can in fact make an employee feel suicidal.
All employers have a duty of care to the employee and if the employer does nothing to stop the bullying then the employee can resign and claim for constructive dismissal.
Unlike the more physical form of schoolyard bullying, workplace bullying often takes place within the established rules and policies of the organization and society. Such actions are not necessarily illegal and may not even be against the firm's regulations; however, the damage to the targeted employee and to workplace morale is obvious .
Until now, victims of bullying, like others who suffer stress at work, have had significant hurdles to clear in bringing compensation claims against their employers. The main difficulty is proving that their employers knew or should have known that they were at risk. But this month the House of Lords said yes. As long as the harassment was closely connected with the bully's ordinary work duties, a "blameless" employer could be held liable
|