Bullying in the Workplace
by Jenny
A recent undercover investigation by the BBC has revealed bullying of young recruits at an army barracks in Yorkshire. As a result five army instructors were suspended. An example of the alleged bullying included being punched in the face.
There are a number of options available to a Claimant who has been physically or verbally abused at work. Physical abuse at work and certain levels of verbal abuse would almost certainly entitle the employee to resign and claim constructive unfair dismissal (assuming the employee resigned because of the physical abuse and they resigned within a reasonable amount of time).
The employee may also have a claim of discrimination if the treatment is related to the employee’s age, disability, gender, race etc. There is also a civil remedy under the Protection from Harrassment Act 1997 which can either be against the perpetrator or the employer. This is useful for when the harrassment cannot be shown to be on the grounds of a person’s sex, race, age etc.
A claim could therefore be brought in the Employment Tribunal or the civil courts. A Claimant will have to decide which route to take from a tactical point of view and will depend on the particular circumstances of the case.
Under discrimination law, the employing organistion is legally responsible for any dicriminatory acts by one employee to another. An employer could have a defence that it took steps which are reasonably practicable to prevent unlawful acts of discrimination. It is important therefore to provide employees with training about what is acceptable in the workplace. We offer an e-learning course called Dignity at Work which is an easy way to train employees about behaviour in the workplace.
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[...] PJH Law reports on Bullying in the workplace: A recent undercover investigation by the BBC has revealed bullying of young recruits at an army barracks in Yorkshire. As a result five army instructors were suspended. An example of the alleged bullying included being punched in the face. There are a number of options available to a Claimant who has been physically or verbally abused at work. [...]
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