Newsletter – May 2023

Greetings all and thank you for returning to our monthly newsletter. For those that missed it, you can find our case law update here. In it we looked at how a lack of cultural awareness can open your company to discrimination claims. Our last newsletter touched on Twitter and how Gary Lineker’s tweets might be seen in an employment law context.

PJH Law News – LLP

For the very astute of you that noticed the changes to our website already (and a cheeky plug for those that missed it here) you will notice that this firm is now operating under the name PJH Law Solicitors LLP following an exciting change to a new structure. For those of you that have known us for a long time, we are still the same people, don’t worry! Please join us in welcoming Liam Pike and Joe Hyland as partners with Philip in the LLP.

HR Networking Session

As many of you will already be aware, Les Allen runs a quarterly HR networking session from The George in Stamford. While the most recent session has had to be pushed back to the 12 August, this still offers HR professionals or those responsible for HR function, a chance to network and keep up to date on the topics presented.

For anyone interested in the HR perspective on bullying and sexual harassment or are interested in the event generally, please feel free to enquire through les@strategicHRsupport.co.uk for more details.

COVID Whistleblower Awarded More than £3.19m

A whistleblower in the Isle of Man has been awarded over three million pounds in compensation following her unfair dismissal claim. Dr Rosalind Ranson was a medical director at the Department of Health and Social Care up until 2022. Prior to her dismissal she had raised concerns about how advice relating to COVID was not passed onto ministers, flaws in the data and modelling which were being used to make decisions, and calls for the island to stop their reliance on Public Health England.

After these comments she was made to feel ‘marginalised’ and endured a ‘period of torrid humiliation’, with her superiors becoming ‘frustrated and irritated’ with Dr Ranson’s challenges. Their behaviour sought to then undermine her position and exclude her from her duties. When the department was changed to Manx Care, her role was not ported over, leaving an ’empty shell role’ used as a way to further exclude her. With almost £1.5m being assessed as loss of future earnings, this figure is yet to include the legal costs, which are to be assessed in the coming months.

For anyone unaware, the law protects those that blow the whistle if you report an act of public interest which comes under any of the following categories;

• A criminal offence;
• Serious health and safety risks;
• Risk or actual damage to the environment;
• Miscarriages of justice;
• Breach of civil law; or,
• Someone is covering up wrongdoing.

While bullying and harassment does not normally come under whistleblowing, given the nature of these facts this was deemed as sufficiently serious to warrant their engagement. The presiding Health Minister has since stood down and issued a formal apology. Dr Ranson said: ‘the tribunal’s decision is not just a victory for me, it is also a victory for the principle of whistleblowing and for doctors having the freedom and independence to speak the truth.’

Should you or someone you know are experiencing any of the above, please contact someone at our team who will be able to assist you.

Bullying Behaviour in Government

With Dominic Raab officially stating that he will be stepping down from his role as an MP at the next general election, we look at the alleged behaviour that got him into this position in the first place.

Eight complaints were made against Mr Raab, spanning his appointment to a variety of different offices, prompting a probe into his behaviour. The probe, undertaken by a King’s Counsel barrister Adam Tolley, found that the minister had acted in an ‘intimidating’ and ‘unreasonably and persistently aggressive’ manner. Describing the conduct as involving ‘an abuse or misuse of power in a way that undermines or humiliates’, Mr Tolley upheld the complaints against the minister. The report went so far as to describe the conduct as ‘insulting’, acting ‘in a manner which was intimidating, in the sense of going further than was necessary or appropriate in delivering feedback’, and ‘making unconstructive critical comments about the quality of work done.’

While Mr Raab did defend his comments, stating that ministers should be able to give direct critical feedback, this does not seem to explain how one could construe ‘utterly useless’ or ‘woeful’ as constructive. Following his resignation, the Prime Minister added that it was ‘clear there have been shortcomings in the historic process that have negatively affected everyone involved.’

So, what should you do if you experience bullying or harassment in the workplace? The first point, while it really will depend on the general culture of the workplace one finds themselves in, is to raise the matter informally to the person involved or your manager.

Failing this, a discussion to their manager, HR department, or trade union representative to try and resolve the issue before beginning a formal process.

The formal process begins through the employer’s grievance procedure. Ensuring clear and concise drafting which sets out the steps and standards expected of all parties can really assist an employee to feel they are having their grievance handled seriously, as well as an employer to understand the nature of the grievance. While it may not be possible to resolve all issues at this stage, having a maintained and understandable policy can show to either ACAS or a tribunal how the matter has been handled.

As employers have a responsibility to prevent bullying in the workplace, keeping employees trained on policies and behaviour can keep a workplace flowing smoothly.

Lighter Side of the News

We saw a very strained claim for sexual harassment reach the news this month. Let’s say, as an example, you had a boss named Alex Goulandris. At the bottom of a work document, you see the letters ‘AJG’. What would you believe those letters to represent? Whatever you are thinking right now – you are wrong. Well, at least in the interpretation of the claimant in this case. Karina Gasparova believed that the letter actually stood for ‘A Jumbo Genital!’

Other claims in this case saw a work request for ‘complete the following: The solution is currently used by xx Agris companies and yy Barge lines in corn cargoes in south-north flows in the ???? waterways.’ Again, I ask you to interpret this message to try and understand the meaning being conveyed. And again I’m going to correct you. This seemingly innocuous request was actually code to solicit sexual activity. According to the claimant, the xx’s represented kisses, the yy’s to sexual contact, and the ???? to represent when she would be ready to engage in said sexual acts.

I will leave what the claimant considered an ‘alluring voice’ firmly in your imagination. But for those of us who not looking for Dan Brown-esque methods to harass our co workers you will be glad to know that having placeholders for information is unlikely to count quite yet.