Words to fight bullying

Updated May 2002

This page is designed for targets of workplace bullying in the UK, however you'll find the strategy and phraseology useful if you're tackling bullying at work anywhere in the world.

Following the UK Court of Appeal decision in Hatton, Barber et al, employees must unambiguously inform their employer if they are suffering stress. This page suggests a letter that you might consider using if you are placed in the position where the relationship between you and employer has broken down, or is breaking down. Modify as appropriate. If stress and personal injury are issues, see the 16 points for consideration when bring a claim. It would be best if this letter came from your union or legal representative, but failing that can be written by yourself. Replace the items in square brackets and be brief and specific where you have facts. Read this page for information on the law of defamation. No responsibility can be accepted. I suggest you digest all of Bully OnLine at Bully Online before writing this letter, and that you also study the complementary page of phrases and strategies at action/words.htm. Reading my book Bully in sight will also be helpful.

To: Head of Personnel
CC: Chief Executive, Welfare & Counselling, Union

Since [date] I have been subjected to bullying behaviours by [X]. I have a journal of X's behaviours and consequences therefrom which runs to [n] pages. The behaviours of [X] include and are not limited to:

[select from list and add others - keep them brief and provide short examples, not more than one sentence]

constant trivial nit-picking criticism and fault finding
false allegations of underperformance and mistakes
simultaneous specious criticism and a refusal to discuss
refusal to substantiate allegations and criticisms
refusal to value, recognise and value myself, my work and my achievements
constant belittling and demeaning
undermining
character assassination
rumour-mongering
discrediting
exclusion from ...
isolation from colleagues
singling me out and treating me differently and less favourably than other staff
humiliation by shouting, criticising me in front of other members of staff, management, clients and customers
threats including ...
distortion of everything I say and do
false allegations, specifically ...
silent treatment and refusing to communicate with me
withholding information that is necessary to fulfil my duties
inappropriate deallocation and reallocation of my work and duties
the setting of impossible objectives
changing deadlines, often without telling me or giving due notice
denial of annual / sickness / compassionate leave to which I'm genuinely entitled
giving me the worst jobs/shifts/rotas/classes/patients/pupils etc
abuse of disciplinary procedures by the imposition of verbal and written warnings without justification or investigation
removal of authority
increasing my responsibility without justification or discussion
making my role unclear by invalidating my job description and ...
giving conflicting orders

These behaviours have prevented myself and others from fulfilling our duties.

The behaviours of [X] have caused prolonged negative stress resulting in me experiencing the following symptoms:

[see stress/health.htm and stress/ptsd.htm for a list - discuss these with your counsellor and doctor first]

I understand that

[X] has exhibited these behaviours to other employees who have suffered similar impairment to their ability to fulfil their contractual duties and similarly causing them to suffer prolonged negative stress.
the behaviour of [X] has been instrumental in the decision of former employees to leave or move
the behaviour of [X] has been implicated in the injury to health and ill health of other employees
the behaviour of [X] has been implicate in the attempted suicide and actual suicide of former employees
the behaviour of [X] has been brought to your attention on previous occasions.

As per Harvest Press Ltd v. McCaffrey you have a legal obligation to deal with an individual whose behaviour you are alerted to who is exhibiting acts of bullying and harassment which is causing distress and detriment to fellow employees and which is preventing fellow employees from fulfilling their duties and obligations.

As in Waters v. Metropolitan Police, an employee has a legal right to sue for negligence if the employee suffers psychiatric injury resulting from bullying and harassment to which the employer was alerted but where the employer chose to take no action to deal with the reported bullying and harassment. It is the behaviour of [X] which has put me in the position having to consider legal action for negligence and which has put you in the position of incurring vicarious liability for negligence.

As in Long v. Mercury Mobile Communications Services the behaviours exhibited by [X] constitute a vendetta which causes prolonged negative stress. If the behaviour of [X] is not addressed the prolonged negative stress may result in me suffering a stress breakdown as a result of fulfilling my contractual duties.

You, the employer, are incurring vicarious liability for the behaviour of [X] which constitutes repudiatory conduct and is thus a breach of the implied term of mutual trust and confidence.

Under the Health and Safety at Work Act (1974) you, the employer, have a non-derogatable obligation called a Duty of Care to provide both a safe place of work and a safe system of work. The behaviour of [X] constitutes an unsafe system of work because it causes prolonged negative stress which results in injury to health. In workplaces which have a high level of stress you are require to undertake a risk assessment.

As in the Court of Appeal decision in Barber, Hatton etc I am bringing these matters to your attention such that you have an opportunity to address them. Please be advised that counselling does not result in the source of the prolonged negative stress being addressed, thus the prolonged negative stress will continue until action is taken by the employer to address the cause which is the behaviour of [X].

Name

Date

General advice on action to tackle bullying: action/action.htm

These pages are available at Bully OnLine but there's no reference (hypertext link) to them:

Phrases and strategies: action/words.htm

Winning your disability case: action/disability.htm

Time limits for bringing a personal injury case: action/timelim.htm

Guidance on preparing for an employment tribunal: action/tribunal.htm

Dealing with a bad reference: action/referenc.htm

Dealing with a gagging clause: action/gagclaus.htm

Beware of people calling themselves lawyers, advocates and consultants: action/lawyer.htm

Tim Field
Webmaster, Bully OnLine at Success Unlimited
Moderator, BullyOnline action forum
Author, Bully in sight: how to predict, resist, challenge and combat workplace bullying
Co-author, Bullycide: death at playtime