Old bully coming back to haunt

[mcuth]

Hi all

 

A friend of mine is in a little bit of a difficult situation at work, and I need a little help to advise him if you don't mind?

 

Having worked for his firm for some years, about 4 years ago he raised a complaint about (effectively) being bullied in the branch of the firm he works for. The complaint was resolved informally (though his manager knows the story and has a letter documenting the problems) and he was transferred to another branch in the region.

 

2 years ago, there was a possibility that he would be transferred back to the old branch, but the people responsible for the bullying were still there. A letter was written to his boss and the possibility of this move was removed.

 

Now there is a possibility that one of those people could move to his branch - this has been mentioned informally a couple of times now. Obviously this is causing considerable distress in my friend, in fear that the bullying would recommence.

 

I think that his boss thinks that the situation would be ok and no bullying would happen - my friend doesn't even want to be put in the situation where it might happen, quite understandably!

 

On my limited knowledge of employment law, I think that there are potential grounds for constructive dismissal if it goes that far (my friend certainly isn't prepared to work with this person and if that person is moved, the atmosphere & working conditions will become intolerable for my friend) - obviously raising a formal grievance first. Anyone think the same, or advise other actions?

 

There is the possibility that the issue will be discussed with management in meetings prior to any move happening (or not). In any meeting, I think I should advise my friend to simply stick to why he feels like he does, and the reasons that this person should not be moved to his branch - not revealing any potential courses of action. What are the thoughts of the collective please?

 

TIA

 

Cheers

Michael

[elpulpo]

I think your friend should raise his issues informally at first. Then see how it goes from there.

He's a long way from grounds for Constructive Dismissal.

If he wants practical advice on dealing wth bullies, whilst staying (just) on the right side of criminal law, PM me.

[mcuth]

I think your friend should raise his issues informally at first. Then see how it goes from there.

He's a long way from grounds for Constructive Dismissal.

If he wants practical advice on dealing wth bullies, whilst staying (just) on the right side of criminal law, PM me.

 

Sorry, I should've mentioned (and I thought I'd covered everything), his immediate supervisor did ask how he felt about it a few weeks back - the concerns were raised then, but the latest informal mentions (and actions that could easily be construed as setting up the move) have been since then.

 

Not sure that my friend would be that good with the practical advice (I would be!), but thanks for the offer

 

Cheers

Michael

[elpulpo]

Well, maybe a formal letter, reiterating the previous concerns, and stating what the sanctions will be if there were to be a recurrence.

[honeybee13]

Hello there mcuth.

 

The HSE seem to be taking an interest in bullying these days, although I'm not sure how pro-active they are. As I understand it, be bullied can be viewed as a work-related 'injury' or similar. And legally, an employer is failing is their duty of care to an employee. It could be worth a read.

 

There's a good website called bullyonline.org that has a lot of information and, at the very least, your friend will realise they're by no means alone in this. And there's the National Bullying helpline that's been in the news recently.

 

Does your friend belong to a union?

 

I don't think organisations are very good at recognising that bullying is such a problem, which doesn't help your friend at this stage, but I hope we can help find some kind of resolution.

 

My best to your friend.

[honeybee13]

PS HSE is the Health and Safety Executive, btw.

[Bigredbus]

Hi 'mcuth',

 

Now, this is an interesting post...

 

The employer recognised and addressed bullying occurences by transferring the culprit to a different branch in order to avoid incidents to be repeated.

 

They, now, intend to transfer the said culprit back to the branch where your friend works...

 

Unless the employer has serious reasons to believe that the bully will not iterate maltreatment against your friend, if he came into contact with him... they would be in breach of the Health and Safety Act...

 

The stress caused on your friend is foreseeable in this case, and if they attempt to bring the bully back to the branch, I would suggest that he uses the Protection from Harrassment Act and seeks civil remedies under the Act.