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The hard part is proving it(Bullying is subtle). The next hard part is stumping up the courage to take legal action.

• DanBC 13y ago
  The person being bullied keeps a log of what happens. They then go to HR (or whatever the proceedure is -and companies need to have a proceedure) to talk about it. They present a copy of their ongoing log and ask for help. If the person has seen a doctor they can ask that doctor to write a supporting letter. Being a member of a union is helpful here because they will help. Taking legal action is an absolute last resort!
  • UK-AL 13y ago
    Most technology companies in the UK are small(1-20). They don't have HR, and don't really have 'grievance procedures' even though they should. So often bullying is straight from the owners/directors. If you went to a small digital agency, and said you wished file a grievance you would be laughed at. Programmers aren't unionised.
    • walshemj 13y ago
      In the UK not having a grievance procedure is an automatic fail at the industrial tribunal.
      • UK-AL 13y ago
        It's not automatic, its a reduction or increase in compensation. You still need to prove the thing. And that takes time & money.
        • walshemj 13y ago
          Nope if the employer screws up badly by not having a grievance/discipline procedure its automatically unfair. An employer can lose an IT for this reason even if the employee has done naughty stuff.
          • jiggy2011 13y ago
            I think that might depend on whether or not you use ACAS to resolve the dispute, I don't believe there is an obligation to go through ACAS unless both parties agree.
            • walshemj 13y ago
              I think ACAS is more targeted to group industrial disputes not individual personnel cases
              • jiggy2011 13y ago
                ACAS do arbitrate individual unfair dismissal cases. Often employment contracts from large companies will say "You agree to use ACAS for arbitration". Large companies like this because it streamlines the process rather than dealing with different individual lawsuits, it also gives HR a number of policies to implement which can tick the boxes and give them a strong position in any dispute. If you have 1000+ employees eventually someone is going to claim unfair dismissal. Smaller companies with 10 employees or less are more to just hope they don't get sued at all.
                • walshemj 13y ago
                  As far as I know you can't enforce arbitration / mediation in the UK it woudl not be justicable i.e you can't sign your statutory rights away "Acas don't represent people in employment cases. Their job is to try and help you and your employer settle your case. This doesn't mean that they will try to get the best deal for you, but one that both you and your employer will accept. So if you can't reach an agreement that both you and your employer are happy with, Acas will stop their involvement, and you can decide whether to go on with your case to the employment tribunal."
                  • jiggy2011 13y ago
                    I think it would put an employer in a stronger position in court to say "employee refused to use arbitration service as described in contract", IANAL etc.
    • Nursie 13y ago
      Most tech companies may be that small, but most tech jobs are not with companies that small. Either way, if you are bullied out of work we have a robust system of tribunals and workers rights over here. You don't need to be a union member to have rights and you shouldn't be scared of exercising them.
  • Blahah 13y ago
    Going to HR requires there to be an HR department. In general the ability to do something about bullying in a company or institution depends on there being the management and adminstrative structure to formalise complaints without them going through the bully. I've seen people leave places, especially in the UK civil service, because the bully controlled the access to reporting them.
    • DanBC 13y ago
      But those people then have the option to use constructive dismissal reasons at tribunal. I'm not saying that it's easy, but English employees at least have some protections.
      • Blahah 13y ago
        Yeah, there are protections, but like all legal protections they are really only technically there. Practically, taking that course requires sinking a huge amount of time, effort and possibly money into it, and the outcome is not certain. Most people will quit and try another job.