# bullying complaint not upheld - next step...



## Mr Russ (3 Apr 2015)

Hi all,
I'll try be as clear as possible with my query, hopefully someone will be able to advise. For approx the past 7 months I've had to endure bullying behavior from my manager at work. This partly involved this manager wrongly accusing me of quality issues with my work. This happened on two occasions, both overturned (one had to be overturned by a more senior manager). However, bullying behavior has continued and ended up with me being told at an end of year meeting with this manager that my professionalism was not up to standard. No reasons were given as to why my professionalism wasn't up to standard. I entered a formal complaint with the company's HR department & after an outrageous delay in completing their investigation they refused to up hold my complaint, despite me providing clear evidence (copies of emails etc) of the bullying that had occurred. I'm now due to bring the case to my solicitor but I'd be interested to here how far I should push this. I've worked with this company for 12+ years and have never had any issues up to this point, whereas the manager I've made my complaint against has had numerous complaints of the same nature made against them. Thanks for any input.


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## Nutso (3 Apr 2015)

Have you had any advice from a HR specialist? My OH used Craig Robertson of HR SOS and found him excellent.  He had great knowledge of procedures etc that companies should have in place. He can review the paperwork and let you know if you have a good case.

I have no affiliation other than as a happy customer.


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## Mr Russ (3 Apr 2015)

Hi, yes I actually have a family member that is very familiar with HR and has worked in the area. They have viewed the paperwork and are dumbfounded that the complaint hasn't been upheld.


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## Leper (3 Apr 2015)

1. Have a look at several other threads on this subject on this forum.  You will acquire hordes of information which will reassure you.
2. Write notes as the bullying is progressing.  Ensure you date and time your notes and how you felt at the time - Important Don't Underestimate.
3. You seem to be at an advanced stage in the case already; give the bully enough rope and if what you are saying is right he will fall bigtime.
4. More senior management seem to be aware of what is happening but appear to be doing little or nothing about it. Consider secretly recording confrontations/meetings etc with the bully on a recording device. Some mobile phones have this facility also.  You will get many informing that this is underhand (and it is), but you need all the help you can get. He is probably recording conversations too.

Never give in to a bully; this is what he wants.


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## Mr Russ (3 Apr 2015)

Hi, notes with dates etc and copies of emails already in my possession. Also have a copy of HR's findings. Have copies of various procedures and can easily prove where the company didn't abide by their own policies and procedures. No more meetings scheduled as my doc has currently signed me off work due to some conditions that have arisen due to the stress and anxiety of the situation.


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## Leper (3 Apr 2015)

Mr Russ said:


> Hi, notes with dates etc and copies of emails already in my possession. Also have a copy of HR's findings. Have copies of various procedures and can easily prove where the company didn't abide by their own policies and procedures. No more meetings scheduled as my doc has currently signed me off work due to some conditions that have arisen due to the stress and anxiety of the situation.


If this is the situation, you have your company over a barrel if it does not act in your favour.  I would engage your union if you are a union member. If not, you can confront your company (Managing Director) requesting to know what is now going to be done. Continue to make notes ensuring you date them and write down how you are feeling at the time.

You might be suspended depending on your company's approach to the problem.  Remember, there are two sides to every story.  From your notes above, I reckon some people within your workplace just want to sweep the whole matter under the carpet.  Do not allow this.  If you proceed and you are in the right (most likely scenario) the bully will be suspended pending further information and his side of the story.  Later he will be sacked for carrying on the way he has been carrying on.


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## Mr Russ (3 Apr 2015)

Hi,
No union and further engagement with the company isn't an option. Can the company be brought to court and be held accountable for their failure to deal with this? I realise this is likely to leave me unable to return to work with the company but at this point, that might not be the worst thing.


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## Grizzly (3 Apr 2015)

Does your company provide you with an insurance policy to cover your salary while on sick leave? Make sure that all sick certs are sent in on time. An insurance company may refuse to honour your sick pay if it is shown that your own company caused your sickness, so be careful here. If such a policy exists the insurance company will send someone out to your home to talk to you. They are looking for a way not to pay this insurance. I would suggest that you only talk to their doctor rather than an employee of the insurance firm.
You can issue proceedings against your company. They must follow their own guidelines on bullying procedures.
Be careful when you say that your manager has had numerous complaints made against him. Were these official complaints or just water cooler talk.
Accusing someone of bullying is a serious matter. Are you sure that you understand what bullying really is? Just because he is not liked does not make him a bully.


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## Mr Russ (3 Apr 2015)

Hi,
Company provides sick pay and I have certs in on time. When I say numerous complaints I mean both informal and formal complaints have been made against them. Interestingly, the most recent complaint upheld resulted in a demotion for the manager in question but the company wouldn't put this in writing to the person who lodged the complaint. And since then, the same manager has been re-promoted twice without ever having to sit an interview. And yes, I'm fully aware of the definition of bullying and the seriousness of accusing someone of such actions. Thanks for the feedback.


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## Leper (4 Apr 2015)

If you are sure of your ground (and I think you are) now is the time to seek legal advice.  It is possible that you get a solicitor who will represent you for a percentage of the compensation and no fee if you fail.  More than likely it will be settled without any kind of court appearance but that does not mean the case will have to be compiled.  Remember what I already said about two sides to every story. If your case is weak you could be counter sued for defamation of character.  Pity you are not a member of a trades union!

Your witnesses will be your work colleagues and perhaps even some former work colleagues.  Your workmates who endured the bullying will be your best witnesses.  But, will they co-operate?  Amazing how many people will not co-operate when they have nothing to gain. Your management will build their case too.  Make sure all your T's are crossed and your nerves can withstand the pressure.


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## Purple (7 Apr 2015)

Mr Russ said:


> Hi,
> Can the company be brought to court and be held accountable for their failure to deal with this?


 If you are already engaged with a HR expert then you should know the answer to that question.


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## thedaddyman (7 Apr 2015)

Firstly in terms of the internal investigation, you state there were "outrageous delays". What do you define as outrageous, did you have to chase them up on it and were you given any reasons as to why your complaint was not upheld.? Is there an option to appeal the decision or file a complaint against the person who made the decision? Do they have any contact with your manager or are in any way influenced by them. ?

Secondly, I would be very wary of a family member, regardless of their background, reviewing any situation like this. Despite best efforts, there is a danger that they will not be totally objective.

Have you asked yourself why this manager seems to be so "protected". ? If he is so awful, why are they keeping him and the risk he is creating?

What do you want to achieve here?, vindication, money, piece of mind? What is your end goal? Are you being over-sensitive to criticism which you seem to be receiving for the first time in your career?. Is the criticism justified and the issue is the inability of your manager to explain the issue to you.?  Is there merit in asking your manager for a performance improvement plan to get him to outline what he perceives the issues to be and how you can improve them? The danger here is that you will end up in a "I say/he says" situation.

Lastly, if the situation is as bad as you say, have you discussed with your solicitor whether or not a claim for constructive dismissal is an option


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## Latrade (8 Apr 2015)

Unless there is an egregious and discoverable error in the investigation, your best route for any legal redress would be on the basis that the investigation was unfair or that it erred procedurally. The issue would be whether or not they had procedures and whether or not they followed them. There is an element of personal judgment to an investigation, so from an employer’s perspective they would need to be able to demonstrate that it was fair and to their defined policy/Code of Practice and that taking in all sides they arrived at their decision.
There has been a significant body of case law both in the labour courts and the High Court on bullying, the high court especially has been at pains to attempt to but some objective test on what could be reasonably construed as bullying behaviour.
Accusing someone of bullying is a serious accusation as it can carry the penalty of dismissal, therefore the evidence against an individual has to be convincing before definitively concluding they were a bully.
As per the court decisions, each individual episode is taken as a unique isolated incident and a decision made on whether or not there was a deliberate attempt to undermine the individual. Note that incompetent management is not the same as a bully.
Also an action could only really be taken in the event of a loss, as mentioned above constructive dismissal or you feel you have been penalised as a result of the complaint made.


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