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Brutish behaviour
Page 36
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A manager hounded out of his job has won 1 m in compensation. Kate Hodgkiss reports on banishing the bullies.
THOSE OF US who remember CJ, the autocratic boss in The Rise and Fall of Reginald Perrin, will have seen how bullying can come from a senior person taking what he feels is a 'strong line with employees.
Such famous CJ-isms as "I didn't get where I am today by caring about people" and "I didn't get where I am today without making enemies" were certainly funny in context but there's a fine line between strong management and bullying. That line was crossed in a recent case in which a highly paid company director had suffered mental distress from bullying against him. He was forced to resign but a court awarded him damages approaching Lim for constructive dismissal. Courts have stressed that while an employer is entitled to demand high standards of performance from their employees, this has to be balanced with a fair system of enforcement and support for the employee. Any reprimands must be proportionate to the employee's alleged failings and should not be issued in crude and insulting language or accompanied by threats of the kind used by those of the criminal fraternity.
If employers overstep the mark the claimant is entitled to resign and treat himself as having been constructively dismissed. Employees who find employers making their working life intolerable may find this is incompatible with a relationship based on mutual trust and confidence, so the employer might he held to be in breach of the contract of employment.
Cultural impact
One of the key factors in helping organisations to benefit from diversity is a corporate culture in which colleagues treat one another with respect.With the Health and Safety Executive recognising that negative relationships involving bullying and harassment can be a source of work-related stress, tackling such unacceptable behaviour has come to the fore.
This becomes even more important when highly paid employees can bypass the compensation cap of £53,500 in the tribunal system by claiming constructive dismissal in the civil courts.
Bullying is a sustained form of psychological abuse. It is a gradual wearing down process that makes individuals feel demeaned and inadequate, not only within their work environ rnent but also in their domestic life. Bullying behaviour can sometimes be obvious involving intimidating tactics such as shouting or swearing at people in public and private or levelling persistent unfair criticism.
Less obvious tactics can include withholding information; deliberately impeding work per. formance; and imposing impossible deadlines.
Research has consistently shown that mans bullies bully because of their own feelings 01 personal insecurity and low self-respect.
might be a result of their family background a their experiences at school. The theory is tha these individuals feel so vulnerable that the3 fear becoming a victim and react by turning tc bullying as a defence mechanism.
Such individuals can fall into the same clas sification as alcoholics and drug addicts when a disciplinary warning, or even dismissal, i unlikely to have any real impact. Usually som■ form of psychological help is required. •