The importance of addressing bullying in the workplace regardless of your status
A number of high profile cases have highlighted the escalating price to settle out of court because of bullying in the workplace.
Bullying is defined as ‘a persistent course of behaviour by an individual or a group of individuals that creates a situation where people are undermined due to threatening or intimidating behaviour.’ Examples include abuse of authority, setting unrealistic work targets and making unpleasant remarks about a person. The situation may be exacerbated should the employee be unfairly treated because of a protected characteristic.
The equality act 2010
The Equality Act 2010 covers 9 protected characteristics, including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It is unlawful to treat any such a person less favourably than another.
Employment Tribunal
In the case of Priti Patel (the home secretary) bullying claim against Sir Philip Rutnam (former chief civil servant), the Government have agreed to settle out of court paying £340,000 plus Rutnam’s legal costs. The employment tribunal was scheduled for September 2021 this year.
Rutnam resigned last year, February 2020, and made a constructive unfair dismissal claim due to unfair treatment by Priti Patel. In his statement, working in a fearful cruel environment left him with no other alternative but to resign. He clearly named Patel as the Bully.
An independent investigation was carried out in November 2020 regarding Patel’s actions and one part of the conclusion was that she failed to comply with the requirements of the ministerial code which states that all staff to be treated with respect.
With such a high settlement figure for someone in the public sector it is useful to know that the £95,000 cap on exit payments is now void. The Government removed this cap (on February 12th 2021) due to exceptional circumstances warranting more payment than the £95,000 cap. The Government have amended the Restriction of Public Sector Exit Payments (Revocation) Regulations 2021 (SI 2021/197) to reflect the change.
In another high profile case, which is yet not concluded, royal staff have allegedly claimed that they have been bullied by Megan, the Duchess of Sussex. Buckingham Palace’s own HR team started to investigate the bullying claim which has now been taken over by a third party – an independent law firm. The costs are mounting up for the employer, which is turning out to be an expensive process. Buckingham Palace have confirmed that they do have their own internal employee policies including Dignity at Work policy which summarizes zero tolerance in bullying.
Bullying cases can be laborious, expensive and time consuming.
Lessons learnt here; update your Dignity in the Workplace Policy, hold training meetings (yearly) for all staff including senior management. Staff must understand the importance of dignity within the workplace as the harsh consequence could lead to (a) expensive unfair dismissal claims or (b) a disciplinary hearing regardless of your status.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
