relating to Bullying in the Workplace
were introduced to define indirect discrimination, harassment, less
favourable treatment, unlawful harassment, gender discrimination
and general principles of treatment of both men and women in the
(not exclusively) include:
(Immigration and Worker Registration) Regulations 2005
Wages Order 2005
Agreements (Description of Person) Order 2005
Appeal Tribunal (Amendment) Rules 2005
Code of Practice (Access and Unfair Practices during Recognition
and De recognition Ballots) Order 2005
Code of Practice (Industrial Action Ballots and Notice to Employers)
Equality (Sex Discrimination) Regulations 2005
Relations Act 2004 (Commencement No.4) Order 2005
Tribunals (Constitution and Rules of Procedure) Amendment Regulations
Tribunals (Constitution and Rules of Procedure) Amendment No.2
- ..(and 2005/1865
Unfair Dismissal/National Security involved)
Liability Partnership (Amendment) Regulations 2005
Minimum Wage Regulations 1999 (Amendment) Regulations 2005
Act 2004 - Order 2005
- Public Interest
Disclosure - Order 2005
- Social Security
(Incapacity) Misc Amendments Regulations 2005
addition the direct Employment Act 2002 with Dispute Resolution
Reforms 2004 and the Employment Act 2008 are important and are discussed
(Sex Discrimination) Regulations 2005 SI 2005/2467
of the most important aspects, which will impact on every day working
lives, is the Employment Equality (Sex Discrimination)
new piece of legislation, any form of harassment is unlawful.
Now, a woman
can bring a claim IF, on the grounds of her sex, a male colleague
engages in unwanted conduct that has the purpose or effect of violating
her dignity, creating an intimidating, hostile, degrading, humiliating
or offensive environment.
Also. if a
female employee is subjected to unwanted, verbal, non-verbal or
physical conduct, of a sexual nature, that violates her dignity
at work - she can bring a claim against her employer.
you are an Employer and you would like support, see our proposals
for Remedy under 'Addressing' section and/or look at the Employer
section. Alternatively, telephone our Help Line (01793 338888) or
email us at : email@example.com
Employment Act 2002
Resolution Reforms 2004
now repealed by the Employment Act 2008, the Dispute Resolution
Regulations became a `Statutory' obligation on 1st October 2004.
They are the basis of the ACAS Code of Conduct but the mandatory
aspects have been removed. Please see also the notes below on the
Employment Act 2008.
These important changes in Employment
Legislation affected us all. Every Employer needed clearly
written and communicated Grievance and Disciplinary procedures.
The concept was simple; procedures for handling internal grievances
and disciplinaries in the workplace needed to be communicated to
all staff. Managers needed to be trained and Contracts
of Employment will needed implementing and/or updating as a matter
of priority to reflect the new laws.
The Grievance and Disciplinary procedure
regulations, which fall under The Employment Act 2002, had finally
become Law. Basically, there were three steps to a Grievance
or Disciplinary procedure. These applied where dismissal and gross-misconduct
HR & Diversity Management, specialises
in Conflict Management issues and is currently working on an `Alternative
to Dismissal' where an employee or senior manager is found responsible
for bullying or harassment in the workplace.
HR & Diversity Management conducts
confidential, independent investigations where employees lodge formal
grievances and has written a series of `Step
By Step Guides' for Employers and line managers. The introduction
of the Dispute Resolution regulations meant that every Employer
needed to respond in accordance with the guidelines laid down whenever
an employee complains formally. Training is aimed at; HR professionals,
senior managers and line managers – in fact anyone who is responsible
for managing people! These seminars and training sessions
are customised, developed and delivered in accordance with the client's
Employment Act 2008
The Employment Act 2008 received
royal assent on 13th November 2008 and becomes operational as from
6th April 2009.
In summary, the Act deals with
changes dealing with workplace dispute resolution, the national
minimum wage, employment agencies and trade union membership law.
Workplace Dispute Resolution
- repeals the statutory dispute resolution procedures
and related provisions
As a result:
- There will be no more automatic unfairness for an employer's
failure to comply with the requirements of a relevant statutory
- There will be a return to reliance on the pre-2004 Polkey
v AE Dayton Services Ltd cases which mean that, if an
employer fails to comply with a procedure, the dismissal will
be found to be unfair, even if the failure would not have
affected the outcome. Where a dismissal is found to be unfair
in these circumstances however, any compensatory award will
be reduced to reflect the likelihood that the dismissal would
have gone ahead if the correct procedure had been followed.
Currently, where an employer has complied with the statutory
dismissal and disciplinary procedure but has failed to follow
a requirement of an additional procedure, the dismissal may
be fair if the tribunal considers that following that step
would have made no difference to the outcome of the case.
- Empowers employment tribunals to adjust awards of compensation
by up to 25% for an unreasonable failure to comply with any provision
of the recently published revised AVAS Code of Practice on Disciplinar
- Introduces a new fast-track procedure under which cases
can be determined without a hearing provided both parties agree
- Makes changes to the law relating to conciliation by
ACAS, thereby allowing ACAS to prioritise cases where demand for
conciliation exceeds resources available for consiliation
- Provides for tribunals to award compensation for financial
loss, for example bank charges incurred by the employee, followin
gcertain types of monetary claim, such as unlawful deduction from
wages or non-payment of redundancy pay.
For further information on the Employment
Act 2008 please call HR & Diversity Management Ltd on 01793
338888 or email us on firstname.lastname@example.org.
FROM HARASSMENT ACT 1997 ss.1 and 3
There is no UK legislation specifically
to protect those who may be suffering, or have suffered, from bullying
at work. This does not mean they have no legal protection. It does
mean, however, that to ensure legal protection or redress they must
consider existing related employment law and the Acts detailed below.
(i) The Sex Discrimination Act 1975;
(ii) the Race Relations Act 1976 (see RACIAL DISCRIMINATION );
(iii) Employment Rights Act 1996 (especially the parts dealing with
unfair dismissal , constructive dismissal and victimisation );
(iv) the www.emplaw.co.uk/free/i40.htm
Health & Safety at Work etc Act 1974 and related personal injury
aspects (see e.g. Health & Safety at work/stress );
(v) Trade Union & Labour Relations (Consolidation) Act 1992
(see CRIMINAL LAW ASPECTS/offences under employment legislation/intimidation
Public Interest Disclosure Act 1998;
(vii) contract law (see e.g. www.emplaw.co.uk/free/i87.htm
wrongful dismissal and www.emplaw.co.uk/free/data/047003.htm
implied terms in employment contracts/duties of employer ).
(i) Criminal Justice and Public Order Act 1994; and
(ii) Public Order Act 1986;
(iii) Protection from Harassment Act 1997 s.1 and Protection from
Harassment Act 1997 s.3.
Human Rights/Human Rights Act 1998.
There is an implied term in employment
contracts that "the employer shall render reasonable support
to an employee to ensure that the employee can carry out the duties
of his job without harassment and disruption by fellow workers"
(Arnold J. in Wigan Borough Council v Davies 1979 ICR 411, quoted
with approval by the House of Lords in Waters v Commissioner of
Metropolitan Police 2000 ICR 1064, HL
In the Waters case the House of Lords
also quoted Spring v Guardian Assurance plc 1994 ICR 596 and Wetherall
(Bond Street W1) Ltd v. Lynn  1 WLR 200 as authority for the
proposition that the Courts recognise a common law duty on an employer
to take care of his employees, including a duty to prevent ill treatment
or bullying, quite apart from statutory requirements.
As always, the position in any particular
case will depend on the facts and the House of Lords was careful
to point out that "it is not every course of victimisation
or bullying by fellow employees which would give rise to a cause
of action against the employer, and an employee may have to accept
some degree of unpleasantness from fellow workers. Moreover the
employer will not be liable unless he knows or ought to know that
the harassment is taking place and fails to take reasonable steps
to prevent it".
ACAS (see ACAS ) publish two advisory
leaflets titled "Bullying and harassment at work", one
being "Guidance for employees" and the other "A guide
for managers and employers".
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