B&H private lawsuits

[thechemisyshop]

i have a colleague that has suffered B&H from management ,, tried to take it down that road ,, got the usual flannel about it just being a grievance ,, so they went down the grievance procedure this was more than 9 months ago and nothing has been resolved ,, would they be able to pursue this through the courts because of the lack of action taken by management

[Bahia Feliz]

Email Moya?

[Lincox]

If they have been through Appeal procedure and nothing has been resolved I don t see why they cannot pursue this at an ET. I would recommend speaking to Acas and getting their spin on it.

[rehabron]

i have a colleague that has suffered B&H from management ,, tried to take it down that road ,, got the usual flannel about it just being a grievance ,, so they went down the grievance procedure this was more than 9 months ago and nothing has been resolved ,, would they be able to pursue this through the courts because of the lack of action taken by management

If your colleague feels bullied and harassed then that is the correct procedure to use in the circumstances by completing form HR1 and an investigating officer will be appointed by the ER operations team and also has right of appeal. You mention that your colleague has suffered B&H and are there other colleagues who have witnessed this whose names can be given for the investigating officer to interview. I am unsure if you did in effect go to B&H or your colleague was persuaded to follow the grievance procedure by management as if found proven the punishment is less severe in the grievance procedure as it would have been if proven in the B&H procedure. Was the grievance taken to 3rd stage and if so what was the recommendations of the investigating officer? 9 Months done the line and no further advanced maybe needs a fresh B&H to be commenced. In relation to court there is nothing in employment law that covers bullying but there is for harassment. There is the PROTECTION FROM HARASSMENT ACT which has now been brought to cover cases in the workplace. The fact that you have used the company's procedures in order to try and resolve the case yet unaware of the findings you might find it difficult for a court to take it on but you never know until it is tried.

[rehabron]

Oops should have stated PREVENTION FROM HARASSMENT ACT 1997 was originally introduced for stalking and jury tampering but several years ago House of Lords rubber stamped for cases in the workplace to cover this act. Seem to remember that there was a ground breaking case against St. Guys Hospital.

[brothermagrew]

House of Lords

Judgments - Majrowski (Respondent) v. Guy's and St. Thomas' NHS Trust (Appellants)