Bullying Law and Legislation

Legal Advice

We work closely with specialist Employment Lawyers and Family Law Solicitors. There is no obligation on a Solicitor to take a case referred. Each case is assessed on its own merits.

 

Any agreement you subsequently enter into with a Solicitor is confidential between yourself and that legal firm. We are obliged under regulations laid down by the Solicitors Regulation Authority to point out where there is a financial referral arrangement between a Solicitor and ourselves.

Press release - 7 February 2018

Millions to benefit from enhanced rights as government responds to Taylor review of modern working practices

Department of business photo

New rights for workers 2018

Government pledges to enforce ‘day-one’ rights for workers. The Government vows to enforce workers’ rights from their first day in a new job.

 

This pledge is in response to recommendations made in the Taylor Review of Modern Working Practices.  All workers including casual and zero-hours workers will receive basic rights including payslips, holiday and sick pay.

 

There will also be penalties for a rogue employer which will include to ‘name and shame’ those who fail to pay employment tribunal awards and fines for employers acting with malice, spite or gross oversight up to £20,000.

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Settlement agreements

Under clause 17 in the Enterprise and Regulatory Reform Bill compromise agreements were renamed Settlement Agreements (formerly known as Compromise Agreements.

 

These are a legally defined agreement under which an employee whose working relationship with the employer has become irretrievable agrees, in return for a negotiated financial sum, not to bring a tribunal claim against the employer.

 

Importantly; there is a requirement for the employee to receive independent advice from a solicitor, trade union official or qualified advice worker before entering into a settlement agreement.

Call us on 0845 22 55 787 for more information

eCRIME and Cyberbullying Legislation

Bullying does not discriminate, we are all potential targets. No one person is immune to Cyberbullying either. Both individuals and organisations may be susceptible to Cyberbullying which targets an individual or an organisation is Cyberbullying.

 

We are hearing about some very serious cases of on-line abuse associated with the workplace.  APP’S are being used to stalk a person (SPYWARE for example), or place a person under surveillance without their knowledge or consent.

 

eCRIME in the workplace is an increasing, very serious, problem that employers are struggling with. It is reported that bullying in the workplace costs UK employers in excess of £2bn per annum in litigation, investigation costs, lost productivity and sick pay.  We think the figure is probably higher.  So, this new anti-social behaviour on line is not helping.

 

There is legislation that covers areas closely associated with eCRIME and Cyberbullying. In this section we look at some of the laws that are in place to protect you.

  • The Protection From Harassment Act 1997
  • The Malicious Communications Act 1988
  • The Communications Act 2003
  • The Obscene Publications Act 1959
  • The Public Order Act 1986
  • The Computer Misuse Act 1990
  • The Health & Safety At Work Act 1974
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The Protection From Harassment Act 1997

The Protection From Harassment Act 1997

Under The Protection from Harassment Act it is a criminal offence to commit an act of Cyberbullying with intent to harass another person or which the perpetrator knows, or reasonably ought to know, amounts to the harassment of another person.

 

6-months Imprisonment

A person found guilty of this behaviour could face imprisonment of up to 6 months, or receive a financial penalty, or both.

 

Up to 5 years imprisonment

Section 4 of the Act provides the potential for greater punishment to those found guilty o f causing another person to believe, on two or more occasions, that violence will be used against them. A person found guilty of this offence could face up to 5 years imprisonment.

 

Restraining Orders

The 1997 Act also gives Courts powers to grant Restraining Orders against those found guilty of one of the above offenses.

The Malicious Communications Act 1988

The Malicious Communications Act 1988

Section 1 of the Malicious Communications Act 1988 states that it is an offence for any person to send a communication that is “indecent or grossly offensive” with the intent of “causing distress or anxiety to the recipient” and this includes threats and information which is false or known or believed to be false by the sender of the communication.

6-months Imprisonment and/or £5,000 fine

A person found guilty of this behaviour could face imprisonment of up to 6 months or a fine of up to £5,000 or both.

The Communications Act 2003

The Communications Act 2003

Section 127 of the Communications Act 2003 states that it is a criminal offence to send comments electronically which are deemed “grossly offensive or of an indecent, obscene or menacing character”.

 

6-months Imprisonment or a fine

If found guilty a person can receive up to 6 months imprisonment, a fine or both.

Obscene Publications Act 1959

Obscene Publications Act 1959

This is an old piece of legislation which still applies today.  It is an offence to publish an obscene article intended to deprave or corrupt persons likely to read, see or hear the matter contained or embodied in the article.  Publishing includes; circulating, showing, playing or projecting the article or transmitting that data.

The Public Order Act 1986

The Public Order Act 1986

Under Section 5 of the Public Order Act 1986 it is an offence to use threating, abusive or insulting words, behaviour, writing or any visual representation likely to cause harassment, alarm or distress within the hearing or sight of a person.  With regards to Cyberbullying, this offence could apply where a camera or video functionality now found on the vast majority of mobile phones is used as a way of causing such harassment, alarm or distress.

The Computer Misuse Act 1990

The Computer Misuse Act 1990

If, during the course of an act of eCRIME (cyberbullying) a person hacks into the victim’s online accounts or personal computer, they may be committing an offence under this piece of legislation.

The Health & Safety At Work Act 1974

The Health & Safety At Work Act 1974

Under the Health and Safety Act at Work 1974, all employers have a Duty of Care to provide employees with a safe working environment.  If an employee can prove they are a target of eCRIME in the workplace, by colleagues using Company technology (computers, mobiles etc)., the employer may be in breach of their duty to protect employees under The Health & Safety at Work Act.

 

In such a case (described above) an employee is advised to raise a formal complaint ie: a Stage 1 Grievance.  Refer to the Company Harassment and Grievance Policies and trigger the formal process.

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Case Law - Claims against the NHS and tribunal decisions.

Michalak v Mid Yorkshire Hospitals NHS Trust ET/1810815/08

A former NHS worker was awarded £933,115 in compensation after an employment tribunal found that he had been subject to racial discrimination and unfair dismissal. Elliot Browne was a divisional director at Central Manchester University NHS Foundation Trust until he was dismissed in 2008. Browne told an employment tribunal that he had been the victim of “discriminatory treatment” in the final year of his employment at the trust and had been unfairly dismissed.

 

The tribunal found that Browne had suffered “systematic discrimination” and “an intimidating environment” in his role, and that after Browne had raised a grievance the trust had failed to take it seriously or investigate it sufficiently. The expenditure of almost £1 million of taxpayers’ money could have been avoided if this employer had just followed its own policies and procedures – experts say.

Brown v Central Manchester University Hospitals NHS Trust ET/2407264/07

An Employment Tribunal awarded a former NHS doctor one of the largest every discrimination pay-outs after she was subjected to a sustained campaign of sex and race discrimination.  The tribunal found that three senior managers, one of whom was the HR Director, to be jointly and severely liable.

McGraw v London Ambulance Service NHS Trust ET/3301865/11

ET’s are currently approaching the concept of ‘discrimination arising from disability’ under The Equality Act 2010, as this case shows.  However, the claimant (the employee) lost the case because he failed to demonstrate a link between his disability and his treatment by the employer.  However, this is an important case which should not be underestimated.

The National Bullying Helpline try and provide FREE, confidential, unconditional, help and advice.

We will give you option and choice and we will not record your call.

 

Whilst we do everything we can to help our callers, occasionally there are circumstances where we are unable to help due to limited resources and expertise.  You may need to seek advice from a specialist expert.

 

It is our Policy not to get involved in a dispute you may be having with; • The Police • The Courts or Legal System • Your GP or the NHS • Local Authority. In those cases we recommend you seek advice from your local MP or a Solicitor.

For more information call us on 0845 22 55 787

How to donate to the National Bullying Helpline

HOW CAN YOU HELP?

As a voluntary run organisation, we operate with limited resources and funds. All donations are gratefully received and 100% of every donation goes in to the running of our free helpline and website. By donating as little as a £1, you are ensuring a dedicated helpline is there when someone is reaching out for help.

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