Employment Law
Russell Wise solicitors provide a comprehensive service on all aspects of employment law which is cost effective. We offer a service for both the employer and employee. In particular, we specialize on bullying and harassment in the work place.
Our services include:-
- Settlement and compromise agreements.
- HR updates.
- Drafting contracts, fixed term contracts, restrictive covenants, policies, procedures and staff handbooks
- Discrimination and equal opportunities.
- Flexible working
- Parental rights.
- Maternity Rights
- Part time working
- Minimum wage
- Working time directives
- Termination of employment
- Presenting claim to the employment tribunal and county court.
- Collective consultation- TUPE, redundancy and consultation of the Employees Regulation 2004.
- Bullying and harassment*
- Whistle blowing
- Data Protection
- Enforcement action
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Our moto is DON'T LET THEM GET AWAY WITH IT |
Funding arrangements.
At Russell Wise we offer a very competitive package which is individually designed to meet the requirements of the individual employer and his/her business
Fixed fees
No win- no fee arrangement for employees.
For a free assessment of your case, please email info@russellwise.com
Call direct on: 0208-889-8348
Emergency :07951441549
or visit our blog www.employmentupdate.wordpress.com
Workplace bullying and harassment.
At Russell Wise Solicitors, one of our specialist advisors is available to offer a free telephone advice session on all aspects of bullying and harassment on Friday mornings 10.30am -12.30pm.. The advice will also cover discrimination law, covering age, race, sex, disability and religious.
Workplace bullying and harassment is responsible for the majority of stress related illnesses in the work place, costing not only the employee but also the employer, in terms of absences and the over all efficient running of his/her business. Under the Health and Safety Act of 1974 the employer is responsible for the health and safety of all its employees. Quite often the 'terms bullying and harassment are used interchangeably and many definitions include bullying as a form of harassment'
The definition of bullying and harassment.
Bullying and harassment albeit similar are not the same for the purposes of establishing a cause of action.
Bullying is generally defined as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power intended to undermine, humiliate, denigrate or injure the complainant.
Harassment has since October 2006, been covered by various anti-discrimination legislation.
Harassment, is defined as unwanted conduct affecting the dignity of men and women in the workplace. Harassment is connected to, race, nationality, religion, sex, age, disability, or any personal characteristic of the individual, and may be on going or just an isolated incident. It has the purpose or effect of violating the complainant’s dignity or creating and intimidating, hostile, degrading, humiliating or offensive environment.
In April 2008, the Sex Discrimination Act was further amended to change the definition of harassment on the grounds of sex to include third parties. This is a mine field for employers who may be now held liable for failure to protect their employees against third party harassment. This is provided that the employer knows that the complainant has been subject to such harassment on two or more occasions. The term ’third party’ means anyone other than the employer or one of his employees. In defending claims for sexual harassment, employers will need to demonstrate that they have anticipated such circumstances and have taken such measures as were reasonably practicable to prevent such harassment.
It is the responsibility of the employer to have clear polices promoting dignity and respect at work with a zero tolerance approach to both harassment and bullying. Where liability is established an employer may be required to:-
- Pay unlimited compensation where harassment has occurred, including the payment of fines for injury to feelings.
- Individual employees may also be held liable for their role in the harassment and also required to pay damages.
How to deal with harassment in the workplace.
- A well-designed policy statement which may be agreed with union or employee representatives.
- The statement should cover what constitutes harassment,
- The category of the of the matter
- How it will be investigated,
- The time scale
- What if any action will taken against the alleged perpetrator.
- A record of complaints and investigations should always be made.
- Monitoring and feed back.
