Bullying, harassment and unwarranted unfair disciplinary procedures

Introduction

This is a case where the appalling conduct of the Respondent (employer) continued all the way from instigation of the dispute at work to the day of the Employment Tribunal itself, when, following a failed attempt to bully the Claimant and his representative, the Respondent chose not to attend the hearing to argue a defence that was almost certain to fail.

It should be added, that the Respondent’s approach to this case was that they were going into liquidation and therefore whatever was the outcome of the Employment Tribunal they would get away with having to pay. They were wrong on all counts!

Case Study

The Claimant was a store manager within a failing retail business.

The Claimant had, through the grievance procedure of the Respondent, complained that he had been subjected to threatening and abusive behaviour. No action was taken on his grievances. Instead, and for no reason, he was given a final written warning.

The Claimant felt unable to continue working and resigned. Instead of paying the Claimant the statutory requirement of 12 weeks sickness pay, the Respondent only paid for 6 days.

Although the Respondent decline to set out any factual arguments to corroborate their defence of the Claimant’s claim, they did maintain that their actions were justified, and they argued that the Claimant had made a repudiatory breach of contract, as result of which they claimed they had no liability.

The Respondent then accused the Claimant of theft without conducting any form of investigation or inquiry to substantiate a reasonable belief of the Claimant’s guilt.

The ET found as a fact that the bond of mutual trust and confidence was severed by the Respondent and the Claimant was unfairly dismissed.

THE AWARD

The Claimant was to be paid 5 weeks net weekly pay @ £553.85 (this representing the repayment of the unauthorised deductions.

The total unfair dismissal compensation: £1,500 + £11,077 + £14,400 + £300

Total = £27,277.10.

Comment

All contracts of employment will have an implied terms of trust and confidence. That is to say, it is implied that above and beyond the written terms, each party will treat the other with proper respect trusting that the other will abide by the terms of the contract.

In this case, it was patently clear that the Respondent (employer) had no interest whatever in honouring their own contractual terms, or the duties that arose under the contract of employment, hence, they felt able to ignore their own grievance procedure, and bullied and harassed the Claimant on the assumption that they could get away with it. Fortunately, they were wrong and their supposed impending insolvency did not save them having to write a cheque for a substantial sum of money!