Outlawed
Workplace bullies should be reported to the police and prosecuted under the criminal law, according to a leading employment lawyer.
Unions have called for legislation outlawing workplace bullying,but Stephen Levinson a partner at Manches,said there are a number of legal remedies already in existance.
He said harassment involving threatening or abusive behaviour could be prosecuted under the Public Order Act which carries a maximum six-month prison sentence.
Other activities commonly used by office bullies, such as sending offensive letters or e-mails could be tackled under the Malicious Communications Act 1988.
There are also remedies under health and safety laws and Protection from Harassment Act 1977, Levinson said.
Some employers just turn a blind eye to the problem, costing their companies millions of pounds in lost efficiency and staff turnover, and laying themselves open to claims in employment tribunals
Yet some of the most comon forms of bullying are also criminal offences under a variety of laws and employers may be liable themselves if they do not take effective steos to protect their staff.
But despite the existing remedies, Levinson admitted that the current legal position was unsatisfactory and echoed calls for stronger legal protection for VICTIMS of bullying.
In November 2005, the Andrea Adams Trust along with Personnel today released the results of the annual survey into workplace bullying.
The survey of more than 1,400 HR professionals,revealed that almost 70% have witnessed or have been aware of bullying in their organisation.
The survey reveals that bullying takes a variety of forms and is usually perpertrated by the VICTIMS immediate MANAGER. Humiliation and ridicule, unfair critcism and intimidating behaviour are the most common examples. Nearly two-thirds 62% have come across incidences of verbal abuse and 5% physical abuse.
Three-quarters say there is an unwillingness by senior management to acknowledge bullying as a problem,and the management culture is seen as one of the main reasons for firms to effectively deal with bullying.
D. Thomas-M.BERRYÂ