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Article Type:: Analysis

Beware bullying at work

Article Date: Nov 03 2006

With national Ban Bullying at Work Day on 7 November looming, law firm Irwin Mitchell is warning businesses to take the matter seriously or they could face a day in court and unlimited payouts.

Simon Coates, national head of employment law at Irwin Mitchell, believes businesses need to be alert after a House of Lords ruling on the Protection from Harassment Act, which means employers can be held liable for workplace harassment even if they were not negligent.

‘The real danger for businesses is they no longer need to be found negligent for not stopping the bullying, to be forced to pay compensation. Bullied employees can sue bosses even if the company couldn’t have been expected to know about it,’ says Coates.

It is believed that as many as four out of five workers have been bullied at some time in their career, but most do not make a complaint, as they do not believe it will be taken seriously.

The Protection from Harassment Act was initially brought in to criminalise stalking and includes a six-year window for making a claim. In contrast, cases taken to employment tribunals must be made no later than six months after the last alleged incident occurred.

Coates says: ‘Full training should be given to line managers so they can spot and deal with bullying, and a zero tolerance approach must be maintained. Stamping out bullying will benefit businesses and staff alike.’

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