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22-Nov-2016 20:38

This may be particularly relevant where the claimant was dismissed for harassing or intimidating another worker, or where a collective response becomes violent or includes threats of violence.

Campus police should be contacted regarding any threatening and/or intimidating behavior.

KEY TESTS The Court of Appeal’s judgment in Gainford Care Homes focused on the adequacy of reasoning arguments, but the key tests as to whether to debar an intimidating party from further participation in the proceedings were referred to in more detail in HHJ Peter Clark’s decision in the EAT.

Following options for changing the physical set up for cross examination and/or the identity of the cross examiner, are relevant to the third limb of the test.

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THE DECISION The tribunal considered an application to the employer’s responses to both Ms Tipple’s and Mrs Roe’s claims, and to bar it from taking any further part in the proceedings.

This decision was upheld by the EAT and the Court of Appeal.

OTHER OPTIONS On appeal it was argued for Gainford Care Homes that other options, short of debarring them from further participation, should have been considered.

The Workplace Bullying Institute defines bullying as “repeated, health-harming mistreatment of one or more persons (the targets) by one or more perpetrators that takes one or more of the following forms: verbal abuse, offensive conduct/behaviors (including nonverbal) which are threatening, humiliating, or intimidating; or work interference – sabotage – which prevents work from getting done.” The primary issue with bullying is that the perpetrator desires to control the other person’s behavior, usually for his or her own needs, personal agenda, or self-serving motives.

Bullies use a variety of subtle and sometimes not-so-subtle ways to control others emotionally, psychologically, and even physically.Debarring the wrongdoing party would not necessarily mean that the innocent party would win their case, because the tribunal would still have to hear the evidence and assess it.

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