Failure of Duty of Care to employees Health and Safety Issue?

Question

Allowing bullying to go on in the workplace knowing full well this person has been disciplined for this before. Failing in their duty of care to employees for ignoring this and then allowing the bully, after an investigation by outside investigator uncovers damming info to resign. They then tell complainants nothing can be done because resigned.
What will happen now to other people. We need this to never happen again but this has already cost us thousands of pounds and can not afford solicitor. Back at work now with bully gone but this could happen to someone else because they have got away with it and I feel a line has not been drawn underneath. Not even an apology as like they say this is an admittance. Any advice please.

Answer 1

There's nothing the company can do as he's left, yes, but he is still living in the country and therefore under the rule of law. Its difficult to help when I dont know exactly what this person did, (and that im not a professional!) If the sort of bullying is what i imagine you could probably get him charged with harrassment. If you fancy being creative with your application of law, you could argue that the employers duty to provide a safe working environment should include control over obnoxious workers. (reason i say being creative is because 1. as i understand it, bullies are not covered in the duty and 2. It would require precedent to be set meaning appeals should the District/ Circuit judge find against you.) I'll read up on harrassment and edit my answer, of course if the person ever got violent (battery) or seemed like he oculd get violent (assault) you can get him there.

Right so By my quick understanding of the Harrassment Act 1997, the person must have harrassed you (personally) at least 2 times; Harrassment includes causing distress, fear of violence, violence, causing anxiety etc. You need to prove that he ought to have known that his conduct amounts to harrassment. But yea, that avenue may be worth persueing because its a summary offense so it'll be tried quickly in a mag. court, and it also has civil remedies, so assuming you suffered anxiety or financial loss (amongst other things) as a result of the harrassment, then you should get some compensation aswell. But obviously, you will need to go through a solicitor, because the problem is that it looks liek you need to apply to the county court to issue an arrest warrant to bring him to court.

Answer 2

Well, in a way a line has been drawn under it because the bully resigned. That would have been the outcome of an investigation anyway. The problem is not with the bully but with the company. You should have an anti-bullying policy within your workplace. If you don't have one, get one. There should be a grievance policy to refer to. Now the bully has gone, you need to determine what action the company is going to put in place to prevent this happening again. The bully hasn't gotten away with it entirely. When the company is asked for a reference for future employment, it should be on this persons file that he resigned and the reasons why. This could affect future employment. Companies may be reluctant to employ someone with that on their file. Your other problem seems to be that your company doesn't have an effective way of communicating with its staff. Take this up with your superiors or personnell officer. A disgrunteled workforce is not a productive or effective workforce. The company may not be saying anything because they don't want to get into a tribunal situation or admit that they have mishandled the whole sorry affair. Just take some positive steps to ensure this doesn't happen again. Workers have rights. Enforce them. Good luck. I wish you well.

Answer 3

I am very sorry to hear that this happened to you. You may have a case against your employer but you would need to be able to establish that they failed to act responsibly when the problem was reported to them, or that they were failing to exercise adequate supervision of someone already known to them to be a bully. However without legal representation you will be struggling. I assume you don't have a trade union.

There is nothing you can do about the former employee, and please don't be tempted to: this could amount to harrassment, and you could find yourself in trouble, rather than the bully.

I know it's not what you want to hear, but the best thing may be for you to draw a line under this yourself.

Best wishes for the future.

Answer 4

This experience has left its mark on you. The whole process of firstly realising that you are a victim of a bullying bastard and having the courage and the emotional stamina to pursue justice from your employer has left you drained. This would have taken up just about every waking moment of your life while it was ongoing. It sounds like you have been off sick or other absence and have only just returned now that the bastard is away. Because of the toll this lengthy process has taken on you, you are quite rightly looking for a proper end and vindication of your suffering. That your employer hasnt managed to get an apology or has apologised for employing this idiot must make you feel unsuported. I would be surprised if your employer was not slightly more on the ball regarding complaints such as this in the future, as while it cost you and your family substantial legal fees, it would have cost them to defend themselves.
It would be useful to ask your employer to outline how they will respond to this behaviour in the future, and if they have not implemented changes then I would suggest you get legal advice again about whether they have failed in their duty of care towards you and whether you can take them to the Industrial Tribunal.
If you have a case you could go for constructive dismissal whereby you resign due to untenable working conditions, and they would be liable for a substantial award to you in damages.
Good Luck.

Answer 5

it sounds like you are already in touch with the right people. you could have stumbled on an interesting niche in the law that someone/firm could take up for you. I would find more people in the same situation and go from there.

Sorry, there is no easy answer if you are looking for justice unfortunately the wheels within wheels provide safety for those who do not wish to be part of a civilised society.

Answer 6

You should be very careful. Most health and safety laws, and also gross negligence, are strict liability crimes. This means that no intention has to be proven and a conviction is very easy to achieve. I would suggest a solicitor and a more strictly enforced code of conduct.

Answer 7

You have legal recourse against the employer for failure in its Duty of Care.

Answer 8

It would be better to forget it because what gos around comes around this bully might meet someone like me who eats them for breakfast.

Answer 9

sue the your employer