Half the population are bullied ... most only recognize it when they
1 An "autocratic and bullying style of leadership" which is "unsympathetic" to complaints of occupational stress are factors that courts can take into account in deciding whether there has been a breach of duty.
2 Employers must keep up-to-date with the developing knowledge of occupational stress and the probable effectiveness of the precautions that can be taken to meet it.
3 Once an employer knows that an employee is at risk of suffering injury from occupational stresss/he is under a duty to do something about it. This duty continues until something reasonable is done to help the employee.
4 Employees who complain do not need to be forceful in their complaints and need not describe their troubles and symptoms in detail. After all, they may be ill at the time when they are complaining. Their complaints should be listened to sympathetically.
5 Certified sickness absence due to stress or depression needs to be taken seriously by employers. It requires an inquiry from the employer about the employees problems and what can be done to ease them. They should not be brushed off unsympathetically or by sympathising but simply telling him or her to prioritise his work without taking steps to improve or consider the situation further.
6 A management culture that is sympathetic to employees suffering from occupational stress and "on his side" in tackling it, may make a real difference to the outcome. Monitoring employees who are known to be suffering from occupational stress is mandatory. If they don't improve more drastic steps may need to be taken to help them. Temporary recruitment may be required. Although this will cost money, it will be less costly than the permanent loss through psychiatric illness of a valued member of staff.
Full judgement at http://www.publications.parliament.uk/pa/ld200304/ldjudgmt/jd040401/barber-1.htm
Lots of information and ideas for tackling bullying including the legal aspects
Action Home Page | Action to tackle bullying
Guidance for employers on policy development
Bullying and the trade unions | Bullying and the law
Case law on bullying, harassment, stress and personal injury
Court judgements in cases relevant to bullying
Long v. Mercury Mobile Communications Services
Hatton Barber et al: 16 practical propositions for a personal injury case
Right to be accompanied | The need for risk assessment
High Court injunction to prevent unfair dismissal | Obstruction to justice
Bullyonline action forum for validation and re-empowerment
UK Dignity at Work Bill | Swedish law on Victimization at Work
Bullying and human rights | Waters v. London Metropolitan Police
Barber v. Somerset County Council
Zimmerman: retaliation in the US courts
Bullying history: books, articles and publications since 1992
How to lobby your MP: example letter and summary of inadequacy of UK law
Amicus Campaign Against Bullying At Work (CABAW)
Tim Field's written submission to the Dignity at Work Bill debate
Getting another job after bullying | How to recover from bullying
Setting up a bullying survivor support group | Sample support group constitution
Using the search engines to find other sites on bullying etc
Dealing with viruses, worms, spam etc
Designing and building your own web site
Advice and guidance for new Internet users
Tim Field's book Bully in sight validates the experience of bullying and
defines the injury to health caused by bullying and harassment
The Field Foundation | Bully OnLine
Workplace bullying | School bullying | Family bullying
Bullying news | Press and media centre
Bullying case histories | Bullying resources
Stress and PTSD
Action to tackle bullying | Related issues
Books on bullying and psychiatric injury