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Bullying and Harassment at Work
Bullying and Harassment at Work
IDS Employment Law Supplement
2008 Edition, Paperback
Practice Area:  Diversity, Employment Law
ISBN:  9781905642557
Published by:  Sweet & Maxwell
Publication Date:  24 Sep 2007
Subscription Information:  Non-Subscribable Product
Format:  Paperback
PRODUCT INCLUDES:
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PRODUCT DESCRIPTION
Providing a full explanation and analysis of relevant legislation, Bullying and Harassment:
  • Explains employers' statutory duty to tackle bullying and harassment
  • Goes through the specific duties imposed on public sector employers
  • Considers issues that arise in relation to a claim of unlawful harassment on the grounds of sex, race, disability, religion or belief, sexual orientation, and age
  • Examines the statutory definition of harassment
  • Discusses the potential for employees to bring a claim in respect of workplace bullying
  • Covers claims under the general law of contract, and explains the extent of employers' vicarious liability at common law for the actions of their employees
  • Looks at the possibility of a bullied employee bringing a claim of unlawful detriment based on various grounds protected under the Employment Rights Act 1996
  • Gives guidance on policies to prevent bullying and harassment
CONTENTS
Chapter 1 gives a broad overview of the duties imposed on employers with regard to tackling bullying and harassment at work. These include the common law duty of care, statutory duties, express and implied contractual duties, and specific duties imposed on public sector employers.

Chapter 2 considers the preliminary and jurisdictional issues that arise in relation to a claim of unlawful harassment under the legislation prohibiting discrimination and harassment in employment on the grounds of sex, race, disability, religion or belief, sexual orientation and age.

Chapter 3 examines the substantive issues involved in a claim of unlawful harassment, including the statutory definition of harassment, the extent of employers’ liability for the actions of their employees, and the remedies available to successful claimants.

Chapter 4 discusses the potential for employees to bring a claim in the tort of negligence, based on the employer’s breach of the duty of care, in respect of injury to health caused by workplace bullying. The chapter goes on to consider similar claims under the general law of contract and explains the extent of employers’ vicarious liability at common law for the actions of their employees.

Chapter 5 focuses on unfair constructive dismissal claims based on workplace bullying. The chapter also considers the possibility of a bullied employee bringing a claim of unlawful detriment based on one of the various grounds protected under the Employment Rights Act 1996.

Chapter 6 gives guidance on the drafting and implementation of a bullying and harassment policy, a key tool for tackling bullying and harassment in the workplace.
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