Advice for dealing with employers who bully or scapegoat staff
Posted by News Editor
Tuesday, July 19, 2005

This item first appeared on the F.A.C.T. website on 17th February 2005

F.A.C.T. members will already be aware of Tim Field's excellent web site Bullying on Line. What they may not be familiar with is his advice on how best to respond to an employer who persists in making false allegations, or uses false allegations to bully them. He has a whole section on his web site devoted to this.

It includes such gems as:-
"Your criticisms are based on trivia; choosing to focus obsessively on trivia reveals unsound judgement and is one of the ways bullies identify and reveal themselves."" Your criticisms and allegations are a projection of your own failings and shortcomings. I ask you not to project them on to me."When responding to specious (plausibly deceptive) criticisms and allegations, under no circumstances be deceived into explaining, justifying, elaborating or apologising - each of these responses accords the criticism or allegation a validity which it does not have. Always put the onus on the bully to provide substantive and quantifiable evidence to justify his or her accusation.

If you've been subjected to fabricated or distorted criticisms or allegations or are facing unwarranted disciplinary action you can respond in writing:
"On [date] you made the following criticism/allegation against me which you are now seeking to use as the basis for imposing a verbal/written warning: [Include details of allegation here]. I now ask you to provide me in writing within seven days with substantive and quantifiable evidence in support of your criticism/allegation." When no written substantiation is provided, write again: On [date] you [reiterate your previous letter]. I note that you have chosen to not substantiate your criticism/allegation as requested. I now ask you again to provide me in writing, within 48 hours, with substantive and quantifiable evidence in support of your criticism/allegation. When no written reply is received, write again:"On [date] you [reiterate both previous letters] I now ask you to withdraw your criticism/allegation and provide me with evidence in writing that you have done so. I remind you that making allegations and refusing to substantiate them in writing is a form of harassment. Such harassment prevents myself and others from fulfilling our contractual duties and legally binding obligations."If you're subjected to this tactic again at a later date, include in your first letter a reminder of the previous occasion (remember, it's the patterns of behaviour that reveal bullying)"I note that you have chosen to make another trivial, specious and insubstantive criticism/allegation about me. I remind you of our correspondence of [date] when you were unable and unwilling to substantiate your criticism/allegation. I remind you that in my letter of [date] I pointed out that making unfounded, misrepresented or fabricated criticisms/allegations and refusing to substantiate them in writing is a form of harassment. I am advised that the UK Department of Trade and Industry recommend that the Protection from Harassment Act (1996) be used in such circumstances. Furthermore you are causing the employer to incur vicarious liability for your unacceptable behaviour."Be alert to the criticism or allegation changing or being withdrawn as you challenge it. Note any changes and point them out in writing, asking for an explanation as to why they have changed in response to you asking for substantive evidence.

For more information refer action to be taken against workplace bullies. Its well worth looking at.