Help for employees who are being bullied

Bullying in the workplace takes many forms and it is important to remember that each incident may seem unimportant in isolation but there is a cumulative effect which builds into a much more serious situation.

WHAT IS A COMPROMISE AGREEMENT? A compromise Agreement is a perfect solution where both the employee and employer want to ‘settle a dispute amicably’ and avoid the stress and risk of a lengthy and costly legal wrangle.

A ‘Without Prejudice Compromise Agreement’ is the legally drawn up Agreement that both employer and employee ‘sign and enter into’ in order to part company amicably – as part of an exit strategy. We have the expertise to help you through such a process so call us now on 0845 22 55 787 if this interests you.

By stating that it is a ‘Without Prejudice’ Compromise that you are entering into, you are stating that what follows cannot normally be used against you in court as you do not admit liability for the purposes of any subsequent legal proceedings (See below). The entire approach tends to be used where an employer and employer (mutually) want to part company quickly ad with no fuss – under mutually agreed terms and/or where the parties acknowledge that the working relationship has come to an end but neither party wants to go through a risky, costly, lengthy and/or formal process. It is a solution !

Simply, it's a ‘shaking of hands and an amicable, prompt, parting’ of ways.

WHAT IS WITHOUT PREJUDICE (Legal Definition). Without Prejudice is a law phrase meaning ‘without abandonment of a claim, privilege or right’ and ‘without implying an admission of liability’. It is often used when a document or letter is labelled ‘without prejudice’ meaning that what follows cannot be used as evidence in a court case, cannot be taken as the signatory’s last word on the subject matter and cannot be used as a precedent. Contents of such documents normally cannot be disclosed to the courts but, when a party proposes to settle a dispute ‘out of Court’ it is the genuineness of the effort that determines whether the proposal can be disclosed or not and not whether the words without prejudice were used. When a court case is dismissed, or a court order is issued ‘without prejudice’ it means that a new case may be brought or a new order issued on the same basis as the dismissed case or the original order.

STRESSED? OFF SICK?

PTED : POST TRAUMATIC EMBITTERMENT DISORDER. Are you feeling distressed? Do you have PTED? Are you suffering with anxiety and is it workplace anxiety? Is your distress turning to stress? Are you suffering with work related stress? Is all this due to abuse at work? Has your doctor signed you off work? Do you believe your employer is treating you unfairly? Is someone at work bullying or harassing you? Are you being subjected to an unfair disciplinary or dismissal process? Have you been suspended? Is the cost of it all impacting on your home life and your general welfare?

There is a new disorder being diagnosed in relation to workplace harassment and bullying: Post Traumatic Embitterment Disorder. With PTED the victim can no longer trust anyone around him/her and the trauma in essence consumes the victim with profound “bitterness” making the victim incapable of moving on from the incident. We believe quite a few people are entrapped in their trauma and have been for years. Does this sound familiar?

WHAT IS PTED. PTED is a proposed disorder modeled after Post Traumatic Stress Disorder (PTSD). Some psychiatrists are proposing this as a mental disorder because they believe there are people who have become so bitter they can barely function. PTED patients might not fit the formal criteria for PTSD and can be clinically distinguished from it, prompting the description of a new and separate disorder. A German psychiatrist, Michael Linden, has done some groundbreaking research into this condition and describes its effect on people: “They feel the world has treated them unfairly. It’s one step more complex than anger. They’re angry plus helpless.” He says that people with the disorder are almost treatment resistant and that; These people usually don’t come to treatment, or do not respond well to treatment and/or mediation because they believe the world has to change, not them. This may be one reason (of many perhaps) why mediation is not always successful in conflict cases. He believes that 1% to 2% of people are affected at any given time, and explains that, although sufferers of the disorder tend to have a desire for vengeance, “…Revenge is not a treatment. At HR & Diversity Management we believe the statistics are far higher.

This behavior is so common — and so deeply destructive – that some psychiatrists are urging it be more widely identified and acknowledged as a mental illness under the name post-traumatic embitterment disorder. Embittered people are typically good people who have worked hard at something important, such as a job, relationship or activity. When something unexpectedly awful happens — they don’t get the promotion, their spouse files for divorce or they fail to make the Olympic team — a profound sense of injustice overtakes them. Instead of dealing with the loss with the help of family and friends, they cannot let go of the feeling of being victimized. Almost immediately after the traumatic event, they become angry, pessimistic, aggressive, hopeless haters. This very severe emotional reaction can become ‘all consuming’ and negative. The degree of reaction varies.

If any of these sound familiar, please read on. We may be able to help you. Contact us on 01793 338888 for confidential support and advice.

Alternatively, email us at admin@hrdiversity.co.uk and ask about our services – or simply read on.

1 in 4 people allege they are being bullied at work

and 1 in 8 people are affected by bullying at work

CASE ASSESSMENT

We provide a Case Assessment Service. We are professional investigators and we mediate where an employment relationship has broken down. We are able to provide a level of free support and certainly steer you in the right direction procedurally. There is a small fee for this but acquiring expert support at this stage could make the difference between you losing your job and/or resolving matters.

Call 01793 338888 and ask about our Case Assessment Service.

Note: We are not a Charity and nor are we a legal firm. However, we have a wealth of employment law expertise and we are UK leading experts in dispute resolution.

1. Ask about our Mediation Services. This is a consultancy service provided under the terms of a client agreement. Your employer may pay for this service.

2. Ask about our our Independent Investigation Services. This is a consultancy service provided under the terms of a client agreement. Your employer may pay for this service.

3. Ask about our Case Assessment Service – this is where we look at your documents and advise you of your options and then help you through the process.

4. Ask about our Compromise Agreement Service – this is where we help you to obtain a financial settlement and part company with your employer amicably.

DISCIPLINARY, SUSPENDED OR DISMISSED

If you are facing a disciplinary at the moment, it can be a worrying time. If you have recently been suspended or even dismissed and you beleive your employer has not followed the correct procedure, you may be able to do something about it.

You need to act quickly as, the general ‘rule of thumb’ requires employees to do something about it within a three month time-frame. We are unlikely to be able to help you if you are distressed due to something that happened two or three years ago. Only therapy or counselling is likely to help in this situation.

If you have recently, quite suddenly, lost your job - with no satisfactory written explanation, you may have been subjected to an unlawful process or even wrongful dismissal. Does any of this sound familiar? If it does, call us and ask to speak to an HR adviser.

If you have been made Redundant and you do not believe your employer has treated you fairly, seek advice immediately. You only have a small time-frame of 3 months to take action.

Have any of the above circumstances (disciplinary, suspension, dismissal, redundancy) occurred because, in your view, you raised concerns or submitted a formal complaint? We may be able to help you understand your legal rights and/or identify a way forward. We also provide Case Assessments and can help you draw up formal letters.

ARE YOU BEING BULLIED. If you believe you are being subjected to bullying in the workplace, harassment, discrimination or any form of ‘less favourable’ treatment – do something about it today.

Are you a victim of Cyberbullying? Are you being Cyber Stalked?

Do you believe you are being treated ‘less favourably’ at work.

DO NOT RESIGN
ASK ABOUT OUR CASE ASSESSMENT SERVICE

REDUNDANT

Have you been made Redundant or dismissed unfairly? Worried about your income? We may be able to help. UK Statistics produced this year by the ILO (International Labour Organisation) show that 49,000 people lost their jobs in the three months to November 2010. The total number of people out of work came in at 2.498m. Whilst this was down from the previous month, it was higher than the period June to August 2010.

If you are facing redundancy or dismissal or you are worried about money (such as outgoing costs and living costs), we may be able to help.

If you have been recently released (made redundant, dismissed, “let go”), and your employer did not consult with you, inform you of your right to be accompanied at the dismissal meeting, inform you of your statutory rights and put the business case in writing – or fail to inform you of your right to appeal – then you may have been dismissed unlawfully.

You really should call us, within 3 months of the dismissal, and we will advise you of your rights and your options from hereon.

HELP WITH WRITING YOUR GRIEVANCE
If you are going through a difficult time at work and it is impacting on your health, or causing you unnecessary stress, you may need advice and assistance right now. Everyone has a right to be treated with dignity and respect. If you beleive you are being treated unfairly, or if you would like to raise matters with your employer formally, we can help. We would be pleased to assist you with writing your Grievance or Appeal Letter and/or we will advise you on the merit of your case and the options open to you.

Please call us on 01793 338888 or email admin@hrdiversity.co.uk Doing nothing is not an option!

DO NOT RESIGN
Several employees have resigned from their organisation and then called us. Contact us before you take action.

We have over 12 years of successfully resolving conflict in the workplace. We understand current (and past) Employment Law and we provide a complete solution to all forms of workplace conflict.

Our initial advice and observations are FREE

We will not divulge your name to your employer without your permission.

We will want to help you resolve the position with your employer and endeavour to avoid expensive litigation for both you and your employer.

We have a wealth of experience in dealing with Bullying and Harassment cases and our track record shows that we have been involved in very few cases that have ended at an Employment Tribunal hearing.

Please call us on 01793 338888 or email: admin@hrdiversity.co.uk

Are you worried about your job and your future income? If you are facing redundancy or dismissal or you are worried about money (such as outgoing costs and living costs), we may be able to help. There is a whole host of practical support and advice on this website. Additionally, on the home page you will find a list of dispute resolution service providers that may be able to help you.

If you have been recently released (made redundant, dismissed, "let go"), and your employer did not consult with you, inform you of your right to be accompanied at the dismissal meeting, inform you of your statutory rights and put the business case in writing - or fail to inform you of your right to appeal - then you may have been dismissed unlawfully. You really should seek professional advice within 3 months of the dismissal.

Cyber-bullying is on the increase. Cyber-bullying is a crime. If you are a target of Cyber-bullying, or an anonymous blog, see our LAW page or seek professional support. Remember, Bullies are Cowards!

From 6th April 2010 doctors and employees saw the introduction of a so called “fit note” or “Statement of Fitness for Work” as opposed to the old system of providing a sick note, which simply states the reasons for a particular illness together with its anticipated duration. This new approach will give you greater flexibility in terms of a phased return, altered hours, amended duties and workplace adaptions.

Does this sound familiar? If you have complained about the way you have been treated at work and it has led to 'less favourable treatment' (which may be discrimination), you should seek expert advice and support.

If you work in the Education or NHS Sector, you may have a right to be accompanied at a disciplinary meeting by an Employment Law Solicitor! Case Law: March 2009. Up to now, under the Employment Relations Act 1999s10., employee’s only have a right to be accompanied at a formal meeting by a trade union representative or a colleague. In a ground-breaking Case, a recent High Court ruled that an employer must now allow a worker to have legal representation at his/her disciplinary hearing, where the circumstances are so serious that a potential outcome might impact on the employee’s Human Rights. In a case involving “R v The Governors of ‘X’ School and ‘Y’ Council, a High Court ruled that, in the context of the Education Act 2002 s.142 this employment law rule was trumped by the Human Rights Act and that the employee had the right to legal representation at a disciplinary hearing. Specifically the High Court ruled that: "the gravity of the particular allegations made against the Claimant (sexual impropriety with a person under 18 and abuse of position of trust), taken together with the very serious impact upon the Claimant's future working life ....... are such that he was, and is, entitled to legal representation at hearings before the Disciplinary Committee and the Appeal Committee".

Note, in a previous case involving Kulkarni v Milton Keynes Hospital NHS Trust in August 2008, the High Court came to the opposite conclusion on analogous, but not identical, facts. In the 2008 case a Doctor was accused of sexual impropriety with a patient - apparently the Doctor had placed a stethoscope under the patient's knickers without her permission. The High Court held that the Doctor was not allowed legal representation at a disciplinary hearing. The 2008 case was decided essentially on the grounds that the Doctor's rights under the Human Rights Act were adequately protected by his rights of appeal - grounds specifically rejected in the present case, albeit on different facts.

The National Bullying Helpline is just a single phone call away, so if you feel that you are being bullied through the process, in any way' give us a call -in complete confidence.

Are you looking for a mediator? If you require assistance with workplace disputes, whether you are an employee or an employer, we may be able to help. We provide a complete, confidential, and impartial service.

Would you rather have an independent investigator look into your grievance, disciplinary or appeal - or a manager at work? If you want to request an independent, impartial, investigation, that is your absolute right. Put your requesdt in writing.

At HR & Diversity Management we provide a complete, confidential, and impartial investigation service.

See our Home Page for a list of Consultants and dispute resolution service providers.

HELP STOP BULLYING NOW

Tel: 0845 22 55 787