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Hi Ben27 years with the MOD, then TUPED over in October 2009
Hi, sorry I was offline by the time you had replied last night. Bullying is unfortunately something that happens all too often in the workplace. The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual subjected to it.
Under law, specifically the Health and Safety at Work etc Act 1974, an employer has a duty to ensure the health, safety and welfare of its employees. In addition, they have the implied contractual duty to provide a safe and suitable working environment. That includes preventing, or at least effectively dealing with bullying behaviour occurring in the workplace.
In terms of what the victim of bullying can do to try and deal with such problems, the following steps are recommended:
In general, a victim should try and gather as much evidence as possible before considering making a formal complaint and certainly before going down the resignation route. As bullying often takes verbal form, the best way is to keep a detailed diary of all bullying occasions so that there is at least some reference in written form that the employer and/or the tribunal can refer to.
Thanks for this information. We also wondered if the Disability Disabled Act (think that's what it is) would apply to my husband. He was diagnosed with cancer (non-hodgkins lymphona) 6 years ago although he is in remission now, however it is expected to come back at some point in the future. He also suffers from arthritis.
It is the Equality Act 2010. Do you think he is being picked on because of his medical condition?
No, his medical condition hasn't been brought up. But his boss thinks he is stressed and not coping with the changes and the additional work load and has asked him to contact HR to let them know he is stressed and to have a meeting with him, his boss and HR. As I mentioned before they are putting more and more work on him (stuff he hasn't done previously) but no training or guidance is forthcoming.
The Equality Act will only protect him to an extent if he is being treated less favourably because of his condition, or the employer has implemented some practices that place him at a disadvantage because of his condition.
If these do not apply, then he would not get additional protection and the original advice would still be the one that applies most
That's great thanks for your help Ben. Has helped clarify his situation.
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