Share this content on Facebook!
25 Jan 2016

Employment lawyers
A recent Court of Appeal decision regarding the Protection from Harassment Act makes it tougher for employees to bring famous brands bullying directors and senior managers to justice. This, however, does not necessarily mean that companies should be put off by going for a hard line against bullies in the workplace, in particular those who hold a pace of authority - those in senior or management position, for instance.

Employment lawyers

Many Employment Law specialists are now in agreement the Court of Appeal has in reality managed to get harder for staff to stand a chance of winning a bullying claim with their latest ruling. But, in spite of this, employees still need a lot of options in terms of bullying claims, so the ruling does not mean that companies can easily relax and do nothing with the aspiration that the issue decreased into thin air.

Good legal counsel to companies would recommend that it is necessary that you investigate and record all complaints and subsequent action thoroughly and interview everyone concerned, otherwise it's the company that might be about the receiving end of your claim, and not the one that will be held accountable.

An exam case two years ago found out that an employee could successfully claim bullying under the Defense against Harassment Act when they could prove incidents had happened on a minimum of two occasions. Nevertheless 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.

Although this is seen to indicate how the courts are now taking a better made approach in determining what exactly is harassment at work, there is no room for complacency if allegations of bullying are manufactured by staff. Complacency could be the difference between quickly disproving any allegations of bullying made by staff and getting into elongated, time-consuming legal battles.

A great way to do this is to provide an anti-bullying policy in position and be sure all staff understand it. If allegations of bullying are turned out to be true, it may be seen as advisory to take disciplinary action against those involved - whether they are directors or shop-floor staff. In case a director is involved, make sure that your investigation isn't viewed as a cover up in order to protect a fellow member of the board. You need to also make certain that person who is investigating the situation are at a sufficiently senior level within the company for his or her actions being considered genuine.

Additionally it is worth paying regular awareness of updates and modifications in regulations, even though it's just by reading the paper and checking several key websites for important information, as the law is one thing which changes frequently. As anyone who has handled them knows, issues are generally extremely complex and it's also always, therefore, worth seeking legal services from a reputable company if you are in a doubt as to where you stand in terms of the present Defense against Harassment Act or, indeed, some other acts.


There isn't any comment in this page yet!

Do you want to be the first commenter?

New Comment

Full Name:
E-Mail Address:
Your website (if exists):
Your Comment:
Security code: