Posts Tagged bullying

Is Workplace Bullying Endemic?

In the press at the moment, the topic of workplace bullying is inescapable, especially since it was alleged that bullying even took place at No. 10. So what’s workplace bullying all about? What is an isn’t legal? And don’t bosses have a right to, well, boss?

Of course, bosses have a right to boss and some bosses will be bossier than others. There is a great difference between a bully and a boss who is simply frustrated about problems in the workplace, inefficiency or poor performance.

A bully is a person who assumes power over somebody else and systematically goes about damaging their confidence or self-esteem. Although bullying connotes the playground and school children, in the workplace it takes on many forms.

ACAS (the Advisory, Conciliation and Arbitration Service) suggests that workplace bullying often takes the form of one individual bullying another using such techniques as spreading rumours, ridiculing or setting unrealistic deadlines. However ACAS is also careful to point out that whole groups may be involved in bullying and that it need not take only verbal form: other examples include bullying by e-mail or telephone.

The problem with workplace bullying as opposed to simply a bossy boss is that it can cause acute anxiety in its victims, often leading to absence from work and even resignation.

Legally, the employer has a duty of care to protect it’s employees and if this is broken and bullying (rather than simply bossing and normal work pressures) takes place then an employee can resign and claim for constructive dismissal. This simply means that they have been forced out of work on the grounds of unreasonable behaviour. However, this is only the case if an employee has been in their role for a minimum of 12 months.

Either way, employment law is intricate and complex and we recommend discussing your case with an employment law solicitor before taking action to make sure you do indeed have a case for the employment law tribunal.

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Mobbing In Germany

bully

In Germany, workplace harassment has risen to such an extent in the past two years that there are national concerns for workers in offices, call centres, factories, warehouses and even public service jobs including the police and the hospital system. It is estimated that as many as 1.5 million people fall victim to a workplace bully everyday. This large scale bullying has come to be known as ‘mobbing’ and has been linked with several suicides in recent months. This increase in workplace harassment has been attributed to the recession, as businesses haemorrhage money and workers are in fear for their jobs.

Bullying related suicide is more acute in Germany than other countries, and several years ago a clinic was established to help the victims of harassment. However, it had very limited success and now the issue has been brought to light once more by a serious case of bullying.  Sedika Weingärtner is originally from Afghanistan but fled to Germany in 1991. She was a single mother with three children to look after. She has since married a German man and in 2001 she found a job at the international technology giant Siemens. Mrs Weingärtner is now claiming that for years she was harassed at work because she was a woman and an Arab. The build up of constant abuse left her ill, once she even collapsed at work and was rushed to hospital. Now, she is suing Siemens for nearly £2 million.

Lawyers are seeing increasing numbers of people come to them for help in order to get justice for workplace harassment. They may have been unfairly forced out of their job or have been left unable to work because of stress and depression related to the bullying. However, there are much more serious consequences of workplace harassment, the results can be fatal. In Germany, a policewoman in Munich, a lawyer in Berlin and a hospital worker in Dortmund have all taken their own lives after becoming a victim of workplace bullying, but there are many more. Trade Unions and anti-mobbing groups have estimated that one fifth of all suicides in the country, approximately 2000 per year,  are a result of harassment at work.

These tragedies and the illness caused by such harassment cost the German economy billions of euros every year, as the government spends money on hospitals and clinics treating the victims, and businesses lose out as staff take time off to visit hospitals, therapists and clinics. Early retirement and voluntary redundancy are also costing the country millions of euros.

The average ‘mobber’ is male, in a supervisory role and aged between 35 and 54. Race, age, gender and sexuality are often cited in harassment cases, however more general bullying techniques such as impossible deadlines and unrealistic workloads are also common.

For the full story, read this article in The Scotsman.

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