Protection from harassment act1997 - ** TRIBUNAL WON **

[Binary1]

Hi, I am in the process of making an appeal for a grievance I bought about with my line manager in my office. To cut a long story short, he has been bullying, harassing and intimidating me on and off for over two years. The final straw came about in February this year and I started to document everything daily that was said and done to me. Others saw what was happening and I put them down as witnessess, but they told me they were too frightened to back me because of the worry of them losing their jobs as the manager was the hirer and firer. Anyways, last week the outcome of all my 2 page statement was trashed by the line managers boss ( who is his friend) and he said what was done and said couldnt be proved ( as it was the line managers word against mine) !!!

I am now going to appeal against the outcome as it was seriously flawed and a lot of the information I had put on my statement had been conveniently left out by them. They had 6 weeks to pull my statement apart, and get to my witnessess, so I knew I was on a hiding to nothing.

What I really want to know is can I use the 'Protection of harassment act 1997' to sue the company as they did not protect me from the bullyer which as a company, it is their duty to protect their staff.

I have read up quite a lot about th 1997 act and I am sure I can use this as my saviour, but just wanted to run it past you others first. I realise it will be a battle but if I don't carry this to the end the bullyiers will flurish and thats how they gain their strength.

[lbruk]

Hi,

 

Im not sure how the Protection from Harassment Act transfers into employment as its a civil law. I'll have to look some things up.

[lbruk]

This might help a little:

 

 

If someone is harassed at their place of work they could decide to sue their employer for damages using the Protection from Harassment Act 1997 rather than by going to an Employment Tribunal.

In some circumstances this route could be simpler particularly if there could be technical arguments as to whether they were an employee or a self employed contractor. Those employment law technicalities would not be relevant in any legal claim under the act. All that would be relevant is the fact that the harassment occurred, the damage it caused and whether the employer was vicariously liable for permitting, or not preventing the Harassment.

 

The Law relating to Vicarious Liability was clarified and extended by the House of Lords in the case of Lister v Hesley Hall Ltd [2001] UKHL 22 and following this in the case of Majrowski v. Guy's and St. Thomas' NHS Trust [2006] UKHL 34 the House of Lords held that an Employer would be vicariously liable under the Protection from Harassment Act 1997 for damages arising from Harassment of an employee by other employees. The Time Limit for bringing a claim for damages under section 3 of The Protection from Harassment Act 1997. is 6 years which is far longer than the 3 month time time limit for bringing claims for Racial or Sexual Discrimination.

[Binary1]

Hi Ibruk, I have been looking on the the net re the 1997 act and although it was bought about for harassment re the Jill Dando case, it has now been integrated into the workplace. It seems that instead of taking action against the person who has been bullying etc, the 1997 act gives the victim the power to sue the employer, as apparently they the employer have a responsibility toward their staff to make sure they protect them from bullying/harassment/intimidation etc, because they should be aware what is going on in their workplace. The timespan is also much longer to bring about an action using the 1997 act as it is 6 years, and not the normal 3 months that a tribunal has. I have only come across this 1997 protection from harassment act over the past couple of days whilst scouring the net for advice. I was just hoping someone else had used it as a tool or knew a little more about it. Thanks for taking the time to respond and I await your findings.

[madari]

The flood gates of bringing claims under the protection from harassment act were slammed shut by the court of appeal in the most recent case of `Conn v Sunderland city council`2007 which is now case law [google].......it is a non starter.

[papasmurf1cx]

Did you go sick at any time? Bullying is likely to bring on menatl illness problems such as depression, anxiety and the like. if the employer has made you ill and that illness is one which has lasted a year, likely to last a year and it affects your day to day living that may open the door to discrimination allegation.

 

Do they have a bullying policy, equality policy and sickness policy? Are you working in a private company or public corporation?

 

Are you a member of a union or have legal protection cover (union normally worse than useless... legal protection = good. look on home contents insurance for clause) ?

 

Don't get hung up on one piece of legislation Employment Law is HUGE and if you tell us your story I am sure there is something in there that Caggers can help with.

[Binary1]

Wow, thank you for all your advise. I didnt realise there were so many people out there that cared. Firstly, I have just been signed off work with work related stress and depression. They do have a bullying policy, but from what I can make out its for their use as I have since found out others have been bullied there and the company have covered it up, in fact I was told a few days ago, another employee suffered at the same hands of my tormentor last year and to shut her up the company paid her off then got her to sign a 5 year gagging order !! Its so outrageous what these company's get away with. They make peoples lives a misery and dont give a damn.

I don't have legal protection insurance as it put a higer premium on the house insurance so I didnt include it. The company I work for do not have a union. Its a very large company that everyone would have heard of, and would come across in their everday life , but I darent say who they are because you never know whos reading these boards. Thanks again and I welcome everyones input

[papasmurf1cx]

When was the grievance heard? When did you go sick, before or after the determination of the grievance?

 

Symptom of stress and depression will no doubt have occurred prior to the doctor singing you off.... what I am trying to establish is when, in law, a 'disability' will have satisfied. Raising a grievance and an allegation of discrimination and harassment under the Equality Act and then suffering a 'detriment' may make them guilty of victimisation. So timing and intention is important. The grievance need not actually say the words 'discrimination' but the facts may amount to just that and the size of the company and their knowledge of Employment Law and matters will mean that they should have realised that a discrimination may have occurred.

 

In your appeal you could start to raise the specific allegations that you have been discriminated against using the same facts that you used before. Look at the Equality Act http://www.legislation.gov.uk/ukpga/2010/15/contents

 

Don't be surprised that others 'friends' (they are not friends they are colleagues) abandon you, you are on your own fighting this. It can and will get dirty especially if you issue proceedings... and that MAY be what you need to do to force the issue into the open... companies even large ones, hate having to spend money defending cases.

 

There may have been a break down in trust between you... you most likely will lose this job... brace yourself... you have to make your mind up if you fight or flee and regain your health. There is no shame in either merely a personal choice.

[stu007]

Hi

 

This is from ACAS website:

[Binary1]

Thanks again for all your advice.

Papasmurf, I was signed off sick with work related Stress and depression the week after the outcome of the grievance. I lodged an appeal the day before I was signed off. I have realised that the people i worked with were not my friends at all, they were just people that I came into contact with during my working day. They have all covered up what was going on and to be honest I don't blame them because they are frightened for their jobs. If I lose my job then so be it. 10 years agoI went into the job with dignity and loyalty, I may not come out with loyalty but I sure will come out with dignity. They may think they can cover up the bullying etc that goes on in that office but I will fight them to the end no matter what. At least then my concience will be clear and I know I would have come out of there with my head held high. I will not let them try to trash my good name with their lies and deceit, and what ever it takes I will do 'battle' with them.

[madari]

Thanks again for all your advice.

Papasmurf, I was signed off sick with work related Stress and depression the week after the outcome of the grievance. I lodged an appeal the day before I was signed off. I have realised that the people i worked with were not my friends at all, they were just people that I came into contact with during my working day. They have all covered up what was going on and to be honest I don't blame them because they are frightened for their jobs. If I lose my job then so be it. 10 years agoI went into the job with dignity and loyalty, I may not come out with loyalty but I sure will come out with dignity. They may think they can cover up the bullying etc that goes on in that office but I will fight them to the end no matter what. At least then my concience will be clear and I know I would have come out of there with my head held high. I will not let them try to trash my good name with their lies and deceit, and what ever it takes I will do 'battle' with them.

 

Thats The spirit !!!!.......and be assured that the madari will be giving you all the support you need in doing `battle` dont let them rob you of your integrity.

[Binary1]

Thanks Madari, Its the people here that make it bearable. Knowing that others have gone through the same and can offer good advice.

I found out yesterday that this same thing happened to another member of staff in my office last year by the same 'bully'. Apparently the management tried to 'fit' the victim up after he put in complaints about his tormenter, but the company came unstuck when proved they flouted the law and the victim got a solicitor to challenge them. And what did the company do about it, they paid the victim off and made him sign a 3 year gagging contract !!! dispicable, absolutely corrupt and dispicable.

[madari]

Hi

 

You will find that this sort of thing goes on all around the country. HR is there to protect the company and not the employee ....HR in my book stands for `human remains`

 

Good luck

[Binary1]

I think it should stand for 'Houdini Rouges' , as they seem to wriggle out of everything !!

I'm sure you are right that they are 100% on the side of the employer not the employee, as I seem to be not only fighting the bully but them as well. I have absolutely no trust in anyone at my workplace at all. Its seems like one big conspiracy.

[stu007]

Hi Binary1

 

That is definetly the Spirit and as madari has pointed out we will be there to help you.

 

Now you need to be as underhand as they are being get copies of anything that will help your case if you have a mobile that records or a dictaphone record anything thats said to you play them at their own game.

 

Now if they have CCTV by any chance then request copies of that footage these may help:

[billybobyeeharrboy]

I think it should stand for 'Houdini Rouges' , as they seem to wriggle out of everything !!

I'm sure you are right that they are 100% on the side of the employer not the employee, as I seem to be not only fighting the bully but them as well. I have absolutely no trust in anyone at my workplace at all. Its seems like one big conspiracy.

 

HR are [edit], I informed the HR manager of my plight and illness thinking it would help, this was also in my witness statement. One the day, the manager's name didn't even come up in the ET hearing. That HR manager has a lot to answer for! One big conspiracy like you say. I couldn't agree more!

 

Good on all the people on this site for keeping positive through hard times....wishing you all the best!

Edited June 2, 2012 by honeybee13
Removing pejorative words, please refrain from personal insults.

[Binary1]

Hi, Sorry to have been dormant for a while but a lot has been going on re my problem.

I have been signed off work for a further 2 months with depression ( due to sexual harassment and bullying) and my GP has arranged for counselling which I have now started. The thing I wanted to ask was, I have just received a phone call from Occupational Health and they asked me if I would like to go to a 'meeting' with them to 'descuss' my health issues. I told her I was already going to counselling through my GP and did not want to attend OH as I felt this would not be of benefit to me. OH is on the premises of my employer and to be totally honest I do not want to set foot in the builiding until I am well enough and ready to do so. I feel OH will be on the side of my employer as they obviously are a part of the company so I wouldnt trust them or anyone else connected with my employer. They have asked me if they can write to my doctor to get some medical info from him and have sent me a form to complete to give them permission to do so.

What I wanted to know is, do I have the right to refuse to attend OH, and should I give them written permission to contact my GP. I have nothing to fear with my health notes as I have not been off sick for over two years and have had no previous health issues, but because my employer has conspired against me I have no faith in them whatsoever to be honest and above board.

I am very suspiciuos with anything to do with my employer as they have got staff to lie in the Formal grievance hearing statements and I am at present waiting for the appeal hearing. I have sent an ET1 off to the tribunal to make sure in stays within the time limit for making a claim.

Edited July 10, 2012 by Binary1
spellin mistakes

[lbruk]

OH are there to advise the employer on the medical aspects of your illness. Without information, either by being examined by them or your GP notes, they will have to make decisions about your employment without that information.

 

You will struggle to get the ET to side with you if you have denied your employer access to your medical records.

[Binary1]

Thanks for the reply Ibruk. I will sign the consent form for them to contact my GP and get the information they require regarding my health. Many thanks for your input

[lbruk]

This might go against everything that you want to do - but on leading up to the tribunal - you need to be seem as the reasonable party. Don't worry about what the employer does, just explain your actions and think is this what is reasonable? The tribunals like reasonable people!

 

Employers are always unreasonable when it comes to things like this, they will deny everything, with no supporting evidence - but as long as you are seen as having acted reasonable then this will stand you in good stead in front of the tribunal.

[Binary1]

Thanks for the reply. I will be verrrrrrrrrrrrry reasonable in every way I can !!

[honeybee13]

Hello there.

 

You can ask to see the report by your GP before it's sent and if you don't agree with all of it, I think I'm right in saying you can ask for it to be changed.

 

I also think that work shouldn't ask about your whole medical history, just the relevant parts.

 

My best, HB

[Binary1]

Thanks HB, I will ask to have a look at what my GP will be sending and make sure the info my employer asks for is just relevant to my depression . Many thanks

[lbruk]

You can ask for it to be changed, as long as you are not making the DR lie for you! But you can get it re-phrased etc. Normally the employers will send a questionairre rather than a simple "write a report"

[Binary1]

HI,

An update to my case.

I went to my tribunal this week and won!

I have cleared my name and the person who caused all the problems toward me was tied up in knots and shown to be the liar I had said they were.

I will be putting all this behind me now and getting on with my life without all this hanging over me anymore.

I am glad I carried on with my case, as there were many times I wanted to throw in the towel, but had I have done that that person would have carried on with their awful regime.

I have found another job which I start on Monday, and I am very happy with the way things have turned out now.

Thanks for all your help when I needed it.