Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
BULLYING IS NOT just something that happens on the school playground. Workplace bullying is a very real and common occurrence that is both a legal minefield and incredibly difficult for a person to deal with.
You might be one of those people who suffer a ‘stomach- churning’ feeling when you go to work each day, BUT, are you being bullied?
Legally, bullying is defined as “repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work”.
What constitutes bullying
An isolated incident, is not bullying.
Bullying is not a personality clash, banter or a once-off flair-up, it is something more systematic. The bullying might be verbal, physical or cyber bullying (through social networking, emails and texts). There is no exhaustive list of what is bullying but some examples include:
If you do feel that the above applies to you, and then keep a diary. Write down what happened, who was involved, when it happened (dates/times), where and any witnesses.
I suggest that you find any documents given to you when you started the job and in particular a copy of the bullying and harassment policy that exists (if at all).
If you do not have it, inquire about it from Human Resources. It is really important that you follow your employer’s process. Generally, the first step is to resolve the situation informally.
What steps to take
I suggest you approach the alleged bully and explain that what they are doing is not acceptable. If you find it difficult to approach the person, you can seek the assistance of a line manager, colleague, HR personnel or Trade Union representative.
Sometimes, mediation might be suggested. If the informal route does not resolve it for you, then you may need to move on to the formal stage. Each place of work should have its own policy that you will need to follow, but generally the formal phase will involve making a complaint in writing to a member of management/HR Department.
They will notify the alleged bully in writing that an allegation of bullying has been made against them. That person will then be given a copy of your written statement and afforded an opportunity to respond.
At that stage, an independent person should review your complaint and decide the next step. They will investigate the complaint. This is likely to involve meeting with you and the alleged perpetrator individually to establish the facts. They may also speak with other workers as witnesses. A report will then be completed and sent to management.
Both you and the perpetrator will be invited to comment on the report. What happens next really depends on the report’s conclusions. If your complaint is upheld, your boss will most likely progress against the perpetrator through the disciplinary process. If the complaint if not upheld, then the reality is that you may have to continue as you are, which of course could be very difficult, if not more difficult for you.
If you are not happy with the outcome, you may have a legal remedy. In some cases, people feel that their conditions of employment are so bad that they have no option but to resign. It is important that you exhaust any grievance procedure before doing this and should obtain legal advice before leaving your job.
The legal route
Some people qualify under the Unfair Dismissals legislation and can bring a claim for Constructive Dismissal. You should get advice sooner rather than later because generally you have six months from the last instance of bullying/ date you terminated your employment to bring a claim.
I have seen bullying seriously impact upon a person’s health. It can often cause lack of sleep, depression, weight loss and stomach problems. If you are suffering then it is important to speak with your doctor as soon as possible.
The most important thing is your health. Legally, if you have suffered an injury because of the bullying, you may be able to bring a Personal Injury Claim for compensation. The bottom line is that everyone is entitled to a bully-free workplace and if you feel you are being bullied, I suggest you take the steps above to see if it can be sorted.
SinéadCarroll works at Cantillons Solicitors, 38/39 South Mall in Cork. Sinéad is a partner in the litigation department of Cantillons Solicitors. Sinéad has knowledge and expertise in employment law and has represented clients before the Workplace Relations Commission and the courts. Her areas of expertise also include personal injury claims, consumers’ rights and product liability.You can contact the firm on 021-4275673.
To embed this post, copy the code below on your site
Welcome to the reality of supporting some one with a difference here , talk to parents and siblings about how we have to fight for everything.
Fair play to the foster carers for contacting the Ombudsman and therefore going up against Tusla and the HSE. Not a decision taken lightly. There is a bullying mentality when you go against these agencies. Hopefully now the child and her family will get the supports they need. It’s disgraceful that the family had to put themselves through the stress and pressure to get the outcome.
@Clare Sharkey: Sad thing is that TUSLA are in the process of moving the child into a residential type setting and removing her from the wonderful foster family. Wouldn’t it be much easier to put the supports in place and leave her with the loving foster family.
@Lorraine Roche: its a power struggle. Easier to blame foster carers than themselves.
It’s not only children with disabilities who are in care the system is failing it’s children with disabilities full stop. Your child with a disability is accepted into a service-8-18 disability service- they then have to go on waiting lists within that service for Speech& Language, Occupational Therapy, Psychologist etc…. Services are badly organised and seriously under resourced.
A certain spectacle Senator with his “human rights activists” friends will be working tirelessly on this one.
“bespectacled
@Are roo from Cork: think you were right first time.
Abandoned at birth !!!!!????
The poor Girl can expect a lifetime of neglect by the state, funding is ridiculously low in the intellectual disability area, from childhood right through to Adult services!
The Government should take control of all services and streamline while increasing funding – the current system with dozens of organisations with CEO’s on mainly over €100k with generous expenses is putting tax money into the wrong hands instead of into the frontline where conditions have plummeted and staff under severe pressure are leaving disillusioned!
Put the money where it matters and strip away the red tape to give those with disabilities the services they deserve- too much of a gravy train at present!
@David Grey: leo will be in shortly saying how “it shouldn’t be like this”
have your say