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Workplace Stress:

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April 2008

Health & Safety

Case Law update

April 2008

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April 2008

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Harassment and Bullying:

 

Sexual harassment in the workplace can be a source of much irritation, anger and misery.  Any employee who suffers from unwelcome sexual attentions may be able to complain to an employment tribunal.

 

Two male colleagues of Ms P subjected her to sexual harassment by comparing her physique to that of pictures in the press, by handing her phallic objects and by asking her if she needed a screw.

She requested a transfer to another job and claimed sex discrimination.  The employment tribunal ruled that the acts of harassment resulting in the “detriment” of having to find another job amounted to unlawful sex discrimination.

 

The dictionary definition of “bully” is a person who makes him or herself a terror to the weak or defenceless.  Bullying at work is recognised as a serious health and safety problem which can cause severe mental and physical injury.  Physical bullying is far less common than mental bullying.

 

L, an employee of the post office, committed suicide.  He left a note which accused his colleagues of sustained bullying and racial abuse.  His mother, who had found her son’s body and suffered shock which needed medical treatment, complained of race discrimination on behalf of the deceased.

The Birmingham employment tribunal ruled that the matter could proceed to a full hearing despite the fact that the victim was deceased and it was more than a year since L's’ death.  

 

B, a blind bank employee, was featured in the staff magazine as an example of his employer’s commitment to equal opportunities.  He suffered bullying at work over a three-year period.  This included an incident in which colleagues poured white correction fluid over his head.  The bullying resulted in B undergoing counselling and retiring because of ill-health.  His complaint of disability discrimination was settled for a reported £20,000.  His employers were reported to have commented that they did not admit liability.