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HOW TO RECOGNISE BULLYING

18th February 2010
Page 26
Page 26, 18th February 2010 — HOW TO RECOGNISE BULLYING
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Which of the following most accurately describes the problem?

• Bullying can be face to face, in writing, over the phone, or by fax or email.

• Forms of bullying include an individual being constantly picked on or humiliated in front of colleagues; someone being unfairly treated on a regular basis; physical or verbal abuse; being threatened with dismissal; being passed over for promotion; or being given excessive work.

• There is no law that allows a person to bring a case of bullying to an employment tribunal, Instead, they have to rely on proving they have been discriminated against either in terms or gender or race, or, more commonly, because of disability. Bullying leads to stress, and disability discrimination legislation recognises mental health problems as a disability.

• Alternatively, an individual can take out a grievance, and if this is not resolved, leave the employer and claim constructive dismissal.

• Settlements for discrimination are unlimited, but constructive dismissal cases are capped at E65,000.

• Alternatively, individuals can bring a case in the civil courts under the Protection from Harassment Act 1997.

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