Bullying and harassment

[jehovah1210]

Hi, can a manager be asked to either resign or be sacked for continual harassment, victimisation and bullying of staff. The bullying and victimisation is being done by the manager in front of other staff members and customers of the company. This is not being done in front of the MD who I have written to and await his reply due to be given in a face to face meeting. Does the managers actions constitute gross misconduct and would he have any claim against the company in the event of him being asked to resign?

This has been going on for some time now and is getting worse due to the fact that the manager has no managerial ability, unfortunately the MD listens to the manager who will continually blame everyone but himself for the problems of the company.

 

Any advice?

[smokejumper]

First step, I think is a grievance, why did you not do this rather than a letter to the MD.

 

Evidence is required , easy to get emotional and say what you have, you need names , dates , witnesses and events.

I believe and stand to be corrected, but you also have to have a protected characteristic to be victimised.

If manager is dismissed following correct procedure, then he will not be able to take out a claim.

 

Also I think you need to supply us with more information to help with correct advice .

[Emmzzi]

right now all we know is that you feel bullied. you may be sensitive, you may be underperforming etc - you need some kind of evidence to back up these claims, exactly as smokejumper says.

[SweetLorraine]

Hi jehovah1210,

 

we covered this problem in an earlier thread you posted haven't we?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?414600-Stress-and-depression&p=4440704#post4440704

[jehovah1210]

Thanks for the reply: Just to clarify what is happening. The company employs 6 people 4 of whom are controlled by the manager each of these employees is suffering as a result of harassment or bullying either directly or indirectly. None of the employees are under performing in any way, the only person not achieving anything is the manager who lacks any business acumen. I am in no way sensative or weak and am regarded by the MD as a key employee. I am speaking for all the employees who are being bullied I do not believe it is acceptable for a manager to blame others for his own ineptitude. We have documented evidence with dates and what was said and with witnesses who will provide statements to back up the grievance. We are not feeling bullied, we are being bullied.

 

Hope this is enough info.

[Emmzzi]

sounds like you could all do with joining a union....take care speaking for others, you will find they scarper as soon as it hits the fan.

[renegadeimp]

sounds like you could all do with joining a union....take care speaking for others, you will find they scarper as soon as it hits the fan.

 

I cant agree more with this. I used to be a senior stop steward, and i lost count of how many times the above happened.

[SweetLorraine]

Hi again,

 

given that you are such a small organisation can't you all sit down for a 'clear the air' meeting? Is the MD the owner? Surely it would be in his interest, the company's (and yours) to address this issue asap? That might be a persuasive argument to put to the MD? It's not mutiny, you are trying to bring the team together, not fracture it further.

[jehovah1210]

Thanks for all the replies they are much appreciated. My original question was, can the manager be either asked to resign or can he be sacked for gross misconduct. The last thing we would want to happen is for the Md (owner) is to have to pay out for wrongful dismissal.

Below is a list of the managers actions.

 

Constantly picking on two staff in particular at every opportunity. (both excellent dedicated workers)

 

Blaming others for all his mistakes.

 

Telling staff off in front of other staff members and customers. (this constitutes gross misconduct in our work handbook)

 

Telling customers how everyone is useless and that they are lazy.

 

Bullying and harassment.

 

No leadership, poor communications.

 

This is an outline of the problems we are facing. The funny thing is that when the manager does these things he is infact slagging of the company and more laughably his own failing as the person responsible for staff training.

Luckily our trade customers know the facts but they too as getting fed up with the actions of the manager and we are slowly losing them, luckily other parts of the business are propping up the trade side so the figures are not really reflecting the true position we are facing.

As already stated I am having a meeting with the Md on Tuesday so will write and let you know the outcome.

The feeling of all the staff is that the manager must go for sake of the business, we all want the business to expand we are not trying to damage it.

[Emmzzi]

*blinks*

 

It's the MD's problem how they dismiss a manager and if you told me how to manage and discipline my staff you'd be first to go.. be VERY CAREFUL! You are trying to do a thing which is not your job. Facts, facts, facts. No emotions and certainly no opinions!

 

Talk facts, and don't tell the MD what to do.

[jehovah1210]

Emmzzi,

at no point have I said I am going to tell the Md what to do, I am simply having a meeting to find out what he is going to do about the situation as we are working in an ever worsening situation I have stated facts, all staff members have now written to the Md clarifying what is happening within the company.

Each employee has kept records of events, we are in no way emotional, weak or underperformers.

 

With regard to your comments that "I would be first to go", you are obviously an autocratic person who wouldn't even listen to his staff. The trick of a good Md is to listen to all comments good or bad and then take action if needed, not to threaten them with the sack for speaking their mind.

[Emmzzi]

if you aren't planning on telling him what to do, why does the impact of dismissal even come into it?

 

first and foremost I am a fan of helping people stay in employment if that is what they want. It's easy to be overly militant at a keyboard when it's not your livliehood on the line.

[fletch70]

Good grief

 

First off I have to agree with Emmzzi, be very very careful or you could be classed as a trouble maker. Remember that the work place is not a democracy

 

Looking at your list of complaints I can not see anything that jumps out as gross misconduct that could lead to summary dismissal. There are points there that are probably misconduct or certainly performance issues but that is a different matter.

 

To answer the question though, you can not "force" someone to resign , that is the same as sacking them, but some organisations do let employees resign rather than be dismissed . In some circumstances during the period of performance management it may be suggested that this job is not a good fit and it may be advisable to look elsewhere.

 

Yes a good boss will listen to all sides but sometimes have to side with management for the greater good (profit) and sometimes it can be very easy to become a bad influence within the work place by having a negative attitude. BTW I have been that person but also the person who gets on with it and does what is expected. that os when i started to get promoted

[smokejumper]

My original question was, can the manager be either asked to resign or can he be sacked for gross misconduct. The last thing we would want to happen is for the Md (owner) is to have to pay out for wrongful dismissal.

Constantly picking on two staff in particular at every opportunity. (both excellent dedicated workers)

Blaming others for all his mistakes.

Telling staff off in front of other staff members and customers. (this constitutes gross misconduct in our work handbook)

Telling customers how everyone is useless and that they are lazy.

Bullying and harassment.

No leadership, poor communications.

 

I thought I had answered this, yes he could if there was sufficient evidence. It would not be wrongful dismissal, if procedures were carried out correctly.

Can you give some examples and evidence you actually have, for your allegations.

 

Alot of it sounds like opinion, especially no leadership and bad communications and picking on somone at every opportunity.

 

Your MD will not be stupid, having got this far and may be happy that the new manager is getting results after all he didn't employ him to be your friend.