# accused of bullying in workplace



## JJAA

I have recently had to bring someone through a disciplinary procedure in work and hated doing it but was left with no choice.  Before the last stage of letting them go they decided they could no longer do it and gave their notice. Since they left, they have sent appeal letters to Head office.  i work for a large company and our company is only a small small part of it. The  letters that were written have said that i bullied them and implied that anyone that worked for me & have left, left because i also bullied them.  I am with this company 10 years and anyone who knows me would know that these accusations are ridiculous. This is being dealt with by head office and while my MD has said she will deal with it the fact that i've being accused of bullying etc. is being ignored and they have offered her a settlement amount just to make her go away.  is there anything i should do to protect me and my character.  can you get away with accusing someone of bullying when it's all lies.


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## Locke

There is a simliar situation in my place. There is a person who works here who is supervising a team. On that team there is a complete waster who is late half the time, hungover and tired from DJ the previous night the rest of the time. Big Company, long proccess for discaplinary. He has started spreading roumours that he was bullied.

The thing is, everyone in my work place knows how hard a worker, and how nice a person the supervisor is, and how much she cared for the team she worked with.

You say:



> I am with this company 10 years and anyone who knows me would know that these accusations are ridiculous.


 
So I wouldn't worry. You have proven yourself above anyone like this. People like that come along now and again. He is the bully, not you.

Keep your chin up and try not to let them get to you.


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## Caveat

Slightly OT I know, but the worst thing about cases like this is the damage it does to those (and there are many) who are genuinely being bullied - much like the false cries of rape.


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## ci1

What a horrible accusation to have made against you. Having done a lot of work in the area of Bullying or Harassment in the Workplace I know that it is just not tolerated in todays times. They have to listen to this person in order for he/she not to take them to a tribunal. So, even though you have a number of years working for the company, they still have to investigate the accusations.

I would imagine as part of the disciplinary procedure that this person has to give records and examples of when he/she was allegedly bullied by you.
Accusations like this cannot be taken on word alone. Also, the fact that you followed the company disciplinary procedure will stand to you as you stuck by the compnay procedure.

If you can, try to recall any encounters you had with this person and write them down, also note who else was present, this means that if you are called to talk to managment you have something in writing and you can focus on what you have to say. Try to have records of every disciplinary hearing you had, explain how you managed them, follwed them up, and how the person reacted.

Make sure that you have the support of others that might have been present also to back you up. Talk to your support network at home also, when you have support and back up it makes you stronger.

Good luck!


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## becky

ci1 - its seems like rather than investigate the allegation the employer are paying her/him off.


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## ci1

Thats if the accuser is willing to accept the settlement.  If they feel they have a true case of bullying they may not accept and take a different route.

In these times it may be that the employer does not want any negative attention or hassle and can afford to pay the person off in order for them to go away.  I personally would investigate it before any payments are made but we do not have enough info in this case to agree with the decision.


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## becky

I agree ci1.  The fact that they have even offered something sends out the wrong message.  If it was me I know I should ask for an investigation but after being involved in a few bullying cases myself I probably wouldn't.


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## ci1

I was bullied myself, if I knew then what I know now about it I would have totally insisted on an investigation.   And if I was the accused in a case like the OP's I would totally insist on an investigation also, just to have my name cleared.
It should not be about money, dignity and reputation are in question also.

it depends on the case and the individuals involved.  OP may want things handled a different way to you or I...


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## JJAA

the accuser is appealing on the grounds of constructive dismissal. According to the Hr dept. they have no case but still made an offer after their appeal.  I was appalled by this but i have no say in this as it a different office dealing with it and they have never even met me.  For all they know i could be this awful person that's been described in her letters. Anyway she has refused this offer and sent a solicitors letter today asking the company to make better offer or they will take it to the tribunal.  My problem is they haven't done an investigation to see if i bullied her.  They have asked for a detailed description of what happened - how i came to the conclusion that a disciplinary procedure was needed, notes from meetings, copy of errors made, etc etc. but no mention of the bullying only a note from the MD that this is not in my character. I can't see it getting to a tribunal as they don't want the hassle and I reckon they will pay her off.  At least if it went to court i could have my say.
I can't stand the fact that she can say and write these things, get a large settlement for her trouble and i'm left with these accusations hanging over my head. I've no way of defending myself.


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## Mommah

My colleague did her master's degree on bullying in the workplace and says that bullying by subordinates is so underdiagnosed.

Anyhoo, HR are likely to take the easiest course, especially since its a big company and they are likely not to be spending their own money on the settlement.

So if it were me, and I'm no legal eagle, but I would threaten to sue them for libel/defamation. With these people the counter threat is often enough to put them back in their box.

One of my hubby's subordinates was dismissed for gross misconduct which took the form of biting part of a colleagues ear off and he got €€€ from the ?Employment Appeals Tribunal for unfair dismissal due to some very minor techical breach (maybe they didn't forbid biting colleagues in the employee handbook)


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## Diziet

JJAA said:


> the accuser is appealing on the grounds of constructive dismissal. According to the Hr dept. they have no case but still made an offer after their appeal.  I was appalled by this but i have no say in this as it a different office dealing with it and they have never even met me.  For all they know i could be this awful person that's been described in her letters. Anyway she has refused this offer and sent a solicitors letter today asking the company to make better offer or they will take it to the tribunal.  My problem is they haven't done an investigation to see if i bullied her.  They have asked for a detailed description of what happened - how i came to the conclusion that a disciplinary procedure was needed, notes from meetings, copy of errors made, etc etc. but no mention of the bullying only a note from the MD that this is not in my character. I can't see it getting to a tribunal as they don't want the hassle and I reckon they will pay her off.  At least if it went to court i could have my say.
> I can't stand the fact that she can say and write these things, get a large settlement for her trouble and i'm left with these accusations hanging over my head. I've no way of defending myself.




Try to calm down. The tribunal, if it happens, will hinge on whether procedure was followed. If no complaint of bullying was made at that stage, it is very unlikely to be taken seriously. Your company offered a settlement on business grounds. It costs them time and lost productivity to deal with this at all so they offered money. This decision has nothing to do with you personally.

Leave this to the company to deal with; you are involved but this is not your battle, unless the accusation appears in your HR file (very unlikely to happen without a full investigation). If they ask for you input, provide it at that stage.


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## JJAA

thanks Mommah.  I have thought about suing them for defamation of character but don't know how to go about it or if it's the right thing to do. is it something a solicitor will take on.  If I do, do I do it myself and leave the employer out of it.


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## JJAA

thanks Diziet. My last post crossed with yours.  i think you're right. I do need to calm down.  I am taking it very personally and maybe i shouldn't.  i'll wait and see what happens next.


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## Mommah

Diziet said:


> It costs them time and lost productivity to deal with this at all so they offered money. This decision has nothing to do with you personally.


 
It may be expedient for the company but it is shabby practice in my humble opinion and if my reputation was to be sold down the river to save the company time and money I would have to take it further.

All this culture of "pay up to get rid" is encourage spurious claims. That is why we have a spiralling claims culture in Ireland.

no doubt this will be deleted for debating the topic/being off topic...but I think debating it is good for informing the OP's position.


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## ci1

Just trying to put myself in your shoes.  Your employer is not causing you any concerns and have reassured you not to worry.  Some employers will put the accused on suspension pending investigation. your employer has not even gone down that road with you so even though you're upset and disapointed it doesn't sound to me like you have anything to worry about.

If it were a situation where the company thought you might be guilty then in order to keep your reputation protected I would most likely encourage an investigation but if the company are happy to pay out and make this go away then sometimes its easier to let them.  If you, your job, or your reputation are not going to be tarnished then let the company handle it and put it down to experience.


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## Odea

Mommah said:


> Anyhoo, HR are likely to take the easiest course, especially since its a big company and they are likely not to be spending their own money on the settlement.


 
The danger is that your HR department might try and get rid of two birds with the one stone.
I would certainly tell your HR department that you are very upset about these false accusations and that you have employed a solicitor to protect your good name.
Beware that your HR department might contact other people that work with you and ask them "Did they ever have any problems with you".
A lot of staff like to complain and moan about their managers especially those who might not have had a good appraisal from their manager.

If this happens you will need to know who your HR department has approached. Make sure you get what they say in writing because a word changed here and there by your HR department can alter what a person has really said.


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## Sue Ellen

This thread might be worth a read HR/Legal Advisor for employees

Hard to know if best to keep your head down at the moment and when the heat dies down to ask to see your HR file to ensure that nothing unfair has been noted on same.  Understand you are entiled by law to see same.


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## Diziet

Mommah said:


> It may be expedient for the company but it is shabby practice in my humble opinion and if my reputation was to be sold down the river to save the company time and money I would have to take it further.
> 
> All this culture of "pay up to get rid" is encourage spurious claims. That is why we have a spiralling claims culture in Ireland.
> 
> no doubt this will be deleted for debating the topic/being off topic...but I think debating it is good for informing the OP's position.




Possibly shabby practice but remember we don't know any of the details apart from what was posted here so best not to get too exercised about it. For all we know, it may be that disciplinary process was not used properly which means the company is correct to pay up. It may be that the OP does not think they bullied the person but the person felt bullied. We just don't know, so there is no point debating it.

Unfortunately I have had experience of a real bullying case. Legal remedies are virtually impossible under Irish law. There is unfair/ constructive dismissal legislation, but bullying per se is not illegal. A senior barrister told me that 'employers will rather admit to rape than to bullying' so don't assume that alleging bullying is an easy way for the employee to make a quick buck.

My advice to the OP to calm down and let the company handle it still stands, because nothing happened other than the employee saying that the dismissal was not legitimate. Going for defamation claims and the like is daft at this stage, however aggravated the OP feels.


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## Mommah

Diziet said:


> My advice to the OP to calm down and let the company handle it still stands, because nothing happened other than the employee saying that the dismissal was not legitimate. Going for defamation claims and the like is daft at this stage, however aggravated the OP feels.


 Maybe a bit of sabre rattling in HR will increase their interest in protecting his reputation?
I have experience of supervising employees who bullied each other and experience of disciplinary procedures with subordinates.
And a corporate size HR department that was of zero use in any of the above (including telling me that I couldn't terminate an employee at the end of their probation because they were illiterate, as I hadn't included literacy in the skills for the job , illiteracy in this context could have been a life and death thing...so I just dug my heels in)...Ultimately HR were content just to cover their own behinds...no matter what the repurcussions for the service in the long term. 
I think the OP is correct to protect his own interests and not "trust" the HR to do so.

I was a lone ranger and it all worked out to my satisfaction in the end.


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## Odea

JJAA said:


> The letters that were written have said that i bullied them and implied that anyone that worked for me & have left, left because i also bullied them.


 
Well this needs sorting out. Firstly did any of your former colleagues make a complaint about you before they left the company. Did any of them make a complaint about you within six months of leaving the company? If not, then what is written in the accusers letter is heresay.

I would be interested to know how the OP found out this information? If the OP heard it from the HR department then it appears that they might be about to embark on a fishing trip?

Do not let them "invite" former employees to make a complaint against you if they have never made a complaint in the past.


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## Latrade

Diziet said:


> Unfortunately I have had experience of a real bullying case. Legal remedies are virtually impossible under Irish law. There is unfair/ constructive dismissal legislation, *but bullying per se is not illegal*. A senior barrister told me that 'employers will rather admit to rape than to bullying' so don't assume that alleging bullying is an easy way for the employee to make a quick buck.


 
It's not as black and white as that. The Safety, Health and Welfare at Work Act, 2005 has a duty on the employer to prevent "inapropriate behaviour" and employees must not engage in "inappropriate behaviour". Given the accepted definition of bullying includes reference to "inappropriate behaviour" there is a clear legislative link to prevent and not be involved in bullying. The HSA's most recent Code on Bullying would further qualify this link.

However, the key aspect is a fair investigation following any complaint, especially one that is formalised in the form of an official letter of complaint. The investigation must be based on one of natural justice as any internal investigation. The accused individual is rightly assumed to be innocent of the complaint until the accuser can satisfy, with evidence, that their complaint is valid on the balance of probabilities.

To that extent if there is no investigation, even though a formal complaint was made, this would be unfair the the individual accused. It is a serious accusation and for the OP may have further consequences in the future if the claim is left on file and they haven't had the opportunity for it to be dismissed.

The HR unit should have a policy and procedure in place regarding the investigation and handling of any bullying complaint. I'd start there and insist that the complaint is investigated (though some policies do include a suspension during this period) if it hasn't, plus also look at the appeals procedure that shoudl also feature in the policy.

I'd agree go into it calmly, but under the context of current standards, it is a serious allegation and the OP deserves to have the complaint looked into because it is potentially a serious slur on their character and capabilities.


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## Diziet

Latrade said:


> It's not as black and white as that. The Safety, Health and Welfare at Work Act, 2005 has a duty on the employer to prevent "inapropriate behaviour" and employees must not engage in "inappropriate behaviour". Given the accepted definition of bullying includes reference to "inappropriate behaviour" there is a clear legislative link to prevent and not be involved in bullying. The HSA's most recent Code on Bullying would further qualify this link.
> <...>



Agreed - but these are all guidelines. When it comes to court action the legislation (with teeth) is not there, and there are a myriad ways for the employer to wriggle out of it. The bullied employee is always, always  the one at a disadvantage, unless the bullying is covered by one of the discrimination grounds. The legal advice is generally to avoid court action.

I agree with your post by the way, and in many ways employment legislation has changed for the better. But the perception, made in other posts,  that a disgruntled employee can cry 'bullying' and the employer rolls over and hands over a good payout is not remotely realistic. Hence my advice to the OP to chill a bit if he/she thinks this is the case.


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## Latrade

Diziet said:


> Agreed - but these are all guidelines. When it comes to court action the legislation (with teeth) is not there, and there are a myriad ways for the employer to wriggle out of it. The bullied employee is always, always the one at a disadvantage, unless the bullying is covered by one of the discrimination grounds. The legal advice is generally to avoid court action.


 
I'm not nitpicking here, honestly, but it's a bit more than guidelines. A Code of Practice has more teeth than a guid, plus the legal provisions are relatively clear on what they expect.

However, there was never the intention to have these provisions in place in order to seek prosecution, it's to force employers to develop systems to manage the problem. Largely court action only involves civil cases and I doubt we'll ever see a criminal case.

Though in fairness there is a lot of agreement in what you say. A dad's army "Don't Panic" instruction is worthy, but the OP also has rights and I wouldn't recommend letting the complaint be brushed off (and I have to say if innocent) without a fair investigation.


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## Staples

If I was in the OP's circumstances, I think I'd be seeking clarification on the rationale for awarding an ex-gratia payment rather than tackling the accusation.  I'd also seek assurances that the payment was not a tacit acceptance that there was a case against me to answer and that my standing within the compnay would not be affected.  I'd look for this in writing.

I accept that the company may have been averse to possible negative publicity but it shows scant consideration and protection for the remaining employees (i.e. the OP).


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## Diziet

Staples said:


> If I was in the OP's circumstances, I think I'd be seeking clarification on the rationale for awarding an ex-gratia payment rather than tackling the accusation.  I'd also seek assurances that the payment was not a tacit acceptance that there was a case against me to answer and that my standing within the compnay would not be affected.  I'd look for this in writing.
> 
> I accept that the company may have been averse to possible negative publicity but it shows scant consideration and protection for the remaining employees (i.e. the OP).



It's fair enough to want and to seek such assurances, but no need to get too carried away. And you don't want an HR record entry where otherwise none would have appeared. If no entry on the subject appears on the OP's HR record, then the company can choose to settle in any way they see fit. There may be business reasons to do so and it is, after all, their choice. 

If, on the other hand, any of this appears on the OP's HR record then he/she should kick merry hell. But a settlement in itself in not an acceptance of responsibility and if the company has any sense there would be all sorts of disclaimers attached.


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## JJAA

Looks like the case will be going to court.  the accuser has rejected the offer saying it was too little and asked for a larger payment. 
Just to clarify, 2 employees left my team in the past year, and both sent me an email on leaving on how much they enjoyed working for me etc. and 1 has since asked for their position back.


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## Diziet

JJAA said:


> Looks like the case will be going to court.  the accuser has rejected the offer saying it was too little and asked for a larger payment.
> Just to clarify, 2 employees left my team in the past year, and both sent me an email on leaving on how much they enjoyed working for me etc. and 1 has since asked for their position back.



I doubt it will ever reach court (Labour Court? High Court? Rights Commissioner? Which one?). In any case remember that it is your employer who is being taken to court, not you.


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## Procedures

A company must investigate any allegation of bullying, failure to do so will make it difficult, if not impossible, to defend a case in at the Rights Commissioner, EAT or a Court of Law depending on where the person making the allegation decides to take his/her case.   If the company does not have a Dignity at Work / Bullying & Harassment policy which follows the procedures recommended in the 
§         The Health and Safety Authority’s Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (2007)
§         The Labour Relations Commission’s (LRC) Code of Practice Detailing Procedures for Addressing Bullying in the Workplace
§         Equality Authority’s Code of Practice on Sexual Harassment and Harassment at Work (Statutory Instrument Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002  (S.I. No. 78 of 2002)
they are likely to lose the case on the basis of lack of procedures. 

The absence of procedures combined with the failure to investigate will count strongly against the company.   It is worthwhile remembering that the perception of the victim carries more weight than the intent of the alledged perpetrator.    As no investigation was carried out it will be impossible to claim that the allegation was malicious.   The HR department is in a position to know what policies exist and are making the decision to settle based on this.   Loss of a bullying case can have an extremely damaging effect on a company's reputation.


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