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Law needs to recognise cost of bullying
(15/7/04) The government needs to increase compensation available to workers who are unfairly dismissed, says UNISON, after the Law Lords quashed an appeal court ruling which would have allowed employment tribunals to consider more than purely financial loss.
In February, the Court of Appeal ruled in favour of UNISON member Christopher Dunnachie and agreed the law could be read as allowing compensation for any type of loss, including mental stress.
But they agreed the case should be considered by the Law Lords for a definitive decision. Today, the Lords decided Parliament never intended the Employment Rights Act to include a provision for unfair dismissal that would compensate for psychiatric damage or injury to feelings.
Dunnachie pointed out the legal system still agreed, as a matter of fact, he, “a hardworking and conscientious employee, was bullied, driven out of my job and made ill by a spiteful and failing council management.
“Unfortunately this Law Lords’ decision appears outdated and will do nothing to deter the more indifferent employer or force them to protect their workforce against this type of workplace harassment.”
Dunnachie, 39, worked for Hull City Council for 17 years as an environmental health officer. He resigned in 2001after being subjected to a sustained period of harassment and bullying by his line manager, which went unchecked and unrecognised by his council employers. Married with three children, Dunnachie stuck it out until he found a lower-status job further away at Doncaster council. He successfully claimed unfair dismissal.
The employment tribunal found he was a victim of bullying which had caused ill health and awarded compensation which included £10,000 for injury to feelings, but Hull council took the case to an employment appeal tribunal, which removed that part of the award.
Backed by UNISON, Dunnachie went to the Court of Appeal, which reinstated the compensation for psychiatric injury. This has now been lost because of the Law Lords ruling.
But that decision is unlikely to have a financial impact on Dunnachie as the first tribunal found his case so serious it awarded the maximum compensation available at the time
But there is an important point of principal, and UNISON employment rights lawyer John Clinch said the union is “deeply disappointed that the Lords have missed an opportunity to make the law on unfair dismissal a lot fairer.
“It is yet another demonstration that employees are not adequately compensated when they are unfairly dismissed,” he added.
Because Dunnachie was “clearly bullied out of his job” said Clinch, "it would seem only fair that the courts should award compensation for that appalling treatment.
”UNISON believes that it’s time the government looked at raising compensation levels in unfair dismissal cases. The treatment of employees can be very poor and yet the maximum levels of compensation fall well below those available in discrimination cases.”
Dunnachie added: “I am grateful for UNISON’s support at the appeal courts and hope members will join the campaign for dignity at work and for Parliament to pass a new law to protect victims of workplace bullying.”
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