Being bullied at work but afraid to progress the matter for fear of losing job.

There is a lot of information and misinformation on this thread albeit all supplied in good faith.

Let's assume bullying is occurring (as against might be could be etc). Also, remember what is construed as bullying is different from person to person. But, legally bullying is defined by the effect it has on the person at the receiving end of the bullying.

Using a dictaphone or other recording devices can prove to be illegal as you have no right to record any person without their permission (Fact). If you persist with recording without permission you could be accused of bullying. Remember bullying is in the eye of the receiver.

But, you have tools at your disposal to combat bullying e.g send an email to your private email address after alleged bullying episodes. Then you have a time and date, plus what was said/done and witnesses and most important record how you felt at the time.

Review your emails every few days and believe me if you are being bullied you now have a useful tool in your approach to management. Understand that management don't want bullies working for them either because large amounts of compensation can be paid to victims of bullying, usually by the employer.

There are other snippets on bullying on this forum which will be useful to you.
 
Complainer said:
Is there some specific bar on this in law?
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Open to correction, but I think it's simply that it cannot be used as 'proof' in the event of matters progressing down a legal route. Then again, the company themselves may have set out a policy that use of this type of apparatus is a breach of their code of conduct.

Down through the years, I have done what complainer suggests ie. email your own recollection of any specific incident to yourself - then put it aside. Add subsequent records via mail as (and if) they occur. You may ultimately feel that you don't have the need to call on them but if you do, you have detailed info to reply upon. I've never had to use them - but if I ever did...
 
I can cathegorically say that the use of recording devices without the explicit permission of the person being recorded is not acceptable despite being used even against apparent bullies. This method can be counter productive.

However, the person being bullied can record what was said/done/threatened on paper. The paper can be email, memo, diary even the back of a cigarette packet. It helps more if your feelings at the time are recorded also. Ensure any written evidence is signed and dated also. If there are witnesses write the names if you know them. Otherwise write their titles.

Forget about confronting the bully on your own. This is not your function, it is the function of management. Furthermore, write down details of any meetings you have had with management or your union.

No employer can afford to have a bully on the staff irrespective of any achievements or personality.
 
Leper said:
I can cathegorically say that the use of recording devices without the explicit permission of the person being recorded is not acceptable despite being used even against apparent bullies. This method can be counter productive.
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Not acceptable to who? Don't get me wrong - I'm not particularly recommending this approach, and I agree that it may well be counter-productive. But I'm not aware of any particular legal ban on recording - are you?
 
We all appear to agree on one thing i.e. the use of recording devices can be counter productive. However, if you must get into the ultra nitty gritty and the law you are getting into high cost area (with involving barristers etc) and down the line the victim is not going to gain much as a result.

The subject is Bullying and the consequent solution. The side shows i.e people advising to approach the Bully, record the Bully, film the Bully etc while helpful in posters' opinions and are bona fide in origin are actually prolonging the victim's suffering. Two have serious problems because of bullying (a) the Victim and
(b) Management.

It behoves the Victim to make a written record of as many bullying instances as possible. It is the responsibility of Management to have the bullying ceased even up to the point of sacking the bully.

Bullying is a serious subject and is on the increase. Therefore, it is important that the Bully must not win.
 
Just to bring this back beyond covert surveillance tactics.

The first thing is that you are specifically protected within legislation to not be penalised in any way as a result of making a complaint. Being realistic that doesn't mean an employer won't penalise you for making a complaint, but it does mean that if they do there are pretty straightforward solutions. Penalisation doesn't have to just be dismissal; there are specific examples of what encompasses penalisation.

The next thing is that your employer should (emphasis on should, not will) have a policy to deal with these accusations and any other inappropriate behaviour. This should explain the procedure to go through and how a complaint will be handled. Usually you have two options: an informal route and a formal route.

The important thing is don't let this go on and don't keep gathering evidence, just speak to who you have to in order to stop this behaviour. It's upsetting you; you want it stopped so take action to stop it.

The thing to bear in mind though is that first, bullying is not "in the eye of the bullied". The definition of bullying ends with "where it is reasonably believed to have undermined the individual’s right to dignity at work" or words to that effect. Yes, the behaviour may have been inappropriate, but the judge of "reasonably believed" is an investigation by the employer as outlined in their policy or in the absence of a policy in the HSA's code of practice.

An investigation must follow natural justice, therefore there has to be a presumption of innocence and the accused has the right to defend themselves against the accusation. The point on emails, diaries etc is not that your word is taken as absolute that this is what was said and in that context, it is that with specific time and dates to pinpoint the accusation, the accused can defend themselves. If the accusation is vague in that "they said this to me sometime in January" it's impossible for the accused to provide any defence as there is no time or date attached to it.

So yes, there is the formal complaint route which would involve an investigation, however if the investigation is fair and follows natural justice it can find that while inappropriate, the behaviour wasn't bullying. In addition, the formal route has to assume the innocence of the individual being accused; you will have to prove your case.

That's why an informal route may well be the best option. It's obviously less intense, but the main function is to get a resolution and stop the inappropriate behaviour. If you don't want the individual sacked or disciplined and just want the behaviour to stop, this may be the best option.
 
What you REALLY need to know is:

1. Bullying is NOT illegal, NOT legally defined, merely wrong.

2. Your organisation may have a policy, but policies are only something which SHOULD be adhered to, not MUST be adhered to.

3. Your organisation is unlikely to have any deterrents to bullies, so he can bully you if he wants to and is extremely unlikely to be punished.

4. You are lower down the food chain, so mgt will support him.

5. Document EVERYTHING - including how you felt at the time

6. If you can't PROVE it, it didn't happen

7. Do NOT involve your colleagues - they will not support you as they will be afraid of being targeted too...he has the power, not them. Your colleagues will support you if you do NOT force them to take sides.

8. According to the Health & Safety Act 2005, the organisation has a legal obligation to ensure the working environment does not impact on your health...doctor's certs will influence this - your organisation will ONLY do something to 'help' you if they are afraid of being sued for breach of health & safety.

9. you have to let him 'attack' you - the longer it goes on and you do NOT react, the more confident and therefore obvious, he will become about it - then you might have a chance to against him...

10. Check out ww bullyonline .org

12. Ring the Anti-bullying Centre in Trinity College - they should at least listen to you and confirm if you are being bullied..

13. If you do try to get your organisation to address this, you will most likely be perceived as 'the problem' for causing a nuisance of yourself. Your career will be over in that organisation and you will be transferred to do lower grade work in a dead-end area.
You will also face problems in relation to references if you try to leave the organisation.

This is not pretty, but it is reality. Be very sure you genuinely have a case and then either put up with it, fight your corner or leave.
 
+1 to what stymied! has written above. You won't get a clearer 'take' on how to deal with the problem than that - because the realities of the situation are likely to be as he/she has described.
 
stymied! said:
What you REALLY need to know is:

1. Bullying is NOT illegal, NOT legally defined, merely wrong.
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This is not true. See http://www.hsa.ie/eng/Workplace_Health/Bullying_at_Work/#Bullying-aHealthandSafetyissue
Bullying is a workplace issue and a human relations issue. Therefore it comes under the authority of various agencies and is on the agenda of many interested parties. It is a health and safety issue in so far as bullying has been identified as hazardous or dangerous as it can lead to both safety problems and health problems. It is also an IR issue, a HR issue, often a legal issue and a personal and public health issue.
Click to expand...
 
stymied! said:
What you REALLY need to know is:

1. Bullying is NOT illegal, NOT legally defined, merely wrong.

2. Your organisation may have a policy, but policies are only something which SHOULD be adhered to, not MUST be adhered to.

3. Your organisation is unlikely to have any deterrents to bullies, so he can bully you if he wants to and is extremely unlikely to be punished.

4. You are lower down the food chain, so mgt will support him.

5. Document EVERYTHING - including how you felt at the time

6. If you can't PROVE it, it didn't happen

7. Do NOT involve your colleagues - they will not support you as they will be afraid of being targeted too...he has the power, not them. Your colleagues will support you if you do NOT force them to take sides.

8. According to the Health & Safety Act 2005, the organisation has a legal obligation to ensure the working environment does not impact on your health...doctor's certs will influence this - your organisation will ONLY do something to 'help' you if they are afraid of being sued for breach of health & safety.

9. you have to let him 'attack' you - the longer it goes on and you do NOT react, the more confident and therefore obvious, he will become about it - then you might have a chance to against him...

10. Check out ww bullyonline .org

12. Ring the Anti-bullying Centre in Trinity College - they should at least listen to you and confirm if you are being bullied..

13. If you do try to get your organisation to address this, you will most likely be perceived as 'the problem' for causing a nuisance of yourself. Your career will be over in that organisation and you will be transferred to do lower grade work in a dead-end area.
You will also face problems in relation to references if you try to leave the organisation.

This is not pretty, but it is reality. Be very sure you genuinely have a case and then either put up with it, fight your corner or leave.
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Sorry but what are you basing this 13 point list on? Most of it is rubbish.
 
OP, if you want this sorted so that the behaviour stops, then please do not follow the adversarial approach suggested in some posts. Do not ignore this so that the behaviour escalates.

Just make quiet enquiries first to establish what the company's policy is. If it has one, then the only time you could be treated negatively is if you are making a malicious accusation. That is not the same as reporting what you feel is inappropriate behaviour and an employer feeling it isn't bullying after an investigation.

Too often people either sit on these things so that they escalate or they immediately opt for the formal approach which can cause more harm than good.

The assumption seems to be that the supervisor is bullying. I'm not defending them at all or saying you are lying. I'm saying that sometimes the context and content of things can be lost, implied, taken wrong, etc.

An informal route will give you the option to present why you were upset by the comments and emails and why you regard them as inappropriate. It will also give the supervisor the chance to perhaps see how their manner can come across and change their behaviour. Nothing adversarial and more common sense and common courtesy.

If after this you aren't happy with the outcome or there is no change, then you can look at making it more formal if you wish.

The important thing is to get the behaviour stopped, not become involved in a battle.

Last and to emphasise yet again, you are protected under legislation so that if you make a complaint you cannot in anyway be penalised.
 
I quite agree that a non adversarial , informal approach to your supervisor may very well be your best option.

I would however subtly intimate that you may very well involve your Union should this matter remain unresolved.

I have often found, from experience , that the idea of Union involvement serves to concentrate management minds in reaching a mutually suitable solution.
 
Latrade, nice posts, obviously, you know what you are talking about.

Stymied, Sorry, your post is short of the mark - no offence, but bullying is a dreadful reality to today's workplace.
 
Perhaps I'm missing something but I really thought that most of the points raised by stymied! were right on the money. I guess it depends on everyone's individual experiences but I thought that many of the points raised were pretty insightful.
 
leper, i made those comments based on my nightmare situation of bullying by a chain of command in the civil service, very expensive legal advice and extensive research.

my personnel office is aware of the situation and has been ineffective. My union has met with personnel- without success. i had to be transferred out from under the mgt for health reasons-my doctor used the word ,urgent, in a letter to Personnel.

these managers still have a hold over me and my Department seems to excercise no control over these managers. i am still standing up for myself.

i have always been recognised as being a strong performer with a good track record.

so for you to tell me that ,bullying is a dreadful reality, is insulting and audacious in the extreme!
 
Complainer, read the HSA text again: it says bullying is dangerous, and can often be a legal issue -
it does not say that bullying is illegal, or against the law.

Bullying cases are often upheld because breaches of OTHER legislation occurred, such as privacy, employment, health & safety, contract or even assault!



Bullying is wrong, unethical, immoral and unprofessional - but not illegal!

have look at this:

w w. working. com /ottawa /Bullying+ growing+ concern
 
stymied! said:
Complainer, read the HSA text again: it says bullying is dangerous, and can often be a legal issue -
it does not say that bullying is illegal, or against the law.

Bullying cases are often upheld because breaches of OTHER legislation occurred, such as privacy, employment, health & safety, contract or even assault!



Bullying is wrong, unethical, immoral and unprofessional - but not illegal!

have look at this:

w w. working. com /ottawa /Bullying+ growing+ concern
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OK, so to recap, bullying can often be a legal issue.
 
Perhaps the OP should consider what the desired outcome would be, and the route to be taken afterwords. While I totally agree that bullies have to be stopped it takes a very strong person to go through with the full process of investigation.
If the complaint is upheld what is the fate of the bully?
If the complaint is not upheld what is fate of the complainant?

What is the follow up for either parties?

The investigators make their recommendations, but remember they are only recommendations
 
Reading through all the posts I could understand if you were conflicted with all the advice being given. ultimately it is up to you what it is you want to happen - do you want the person to stop the behaviour - if so you have to tell the person to stop, do you want to see the person disciplined - this will probably not happen. The only other suggestion I have is perhaps to look at talking to a conflict coach who will go through the whole issue with you and try to enable you to break down what is happening and work on your choices.
 
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