Landmark
[11-2-04] AÂ Court of Appeal ruling could be good news for victims of workplace bullying
In awarding victory in an appeal over a case of unfair dismissal, the court overturned a 30-year-old reading of employment law that could mean thousands of similar claimants mat be entitled to more compensation than first expected.
The ruling means that employers found TO HAVE ALLOWED BULLYING TO TAKE PLACE could be liable for compensation claims for more than sheer economic loss of income-such as stress or loss of reputation.
This is a momentous victory which will have wide spread implications for other cases of unfair dismissal, noted UNISON general secretary Dave Prentis. It is also a significant legal move which will make the law on infair dismissal much fairer.
In most tribunal cases the compensation for financial loss is well under £10,000. The new ruling means that if a claiment has suffered additional stress or humiliation,they will be entitled to compensation for that personal damage.
It is a real step forward and it should make employers think very carefully about tackling workplace bullying or paying the price added Prentis.
Christopher Dunnachie had originally won a £10,000 employment tribunal award for mental distress after his 2001 resignation from his position at Hull City Council following what he says was a period of harrassment from his line manager.
Dunnachies treatment went unrecognised or dealt with by the council and in the end he was forced to find a lower-paid job in another council to escape the bullying. He then resigned and made his claim for unfair dismissal.
The original employment tribunal found that his experience had been so bad that it awarded him the maximum compensation under the law at the time, so he will not benifit from the new ruling.
Unison members against bullying.