The Independent Guide to Bullying and Stress in the Workplace: Employers and Employees – a Guide

Abstract

Purpose

To review and analyse the legal implications of the CA 2006 in respect of directors’ duties and powers, and in particular sections 172(1) and 471.

Design/methodology/approach

The use of business management theories complements the primary use of the legal doctrinal approach as applied in this study.

Findings

Section 172(1)'s wordings generate ambivalent legal implications for directors’ general duties as codified. It appears to give discretionary powers to directors where the review of the six statutory factors is concerned. However, directors will need to treat these seriously when read in conjunction with section 471. The latter pertains to directors’ disclosure obligations for the newly expanded business review section of the directors’ annual report. Available corporate evidence suggests that some corporate directors go beyond the minimum mandatory standards for environmental and social (Corporate Social responsibility, CSR) issues. They have benefited from the integration of their CSR policies and practices with their corporate strategic plans and actions. Some have even forged effective partnership with non‐governmental organisations (NGOs) and other stakeholders to co‐create businesses.

Practical implications

This investigation provides strategic insights and practical thinking to investors, corporate directors, state planners, NGOs, and other corporate stakeholders.

Originality/value

Previous legal analysis on general directors’ duties focused on the law. This study advanced corporate legal theory further with the use of insights from contemporary business theories and practices.

Citation

Gale, C. (2007), "The Independent Guide to Bullying and Stress in the Workplace: Employers and Employees – a Guide", Managerial Law, Vol. 49 No. 1/2, pp. 48-49. https://doi.org/10.1108/03090550710759676

This is a splendid little book. What purports to be an employers and employees guide to bullying is really a tour de force of a number of very challenging aspects of employment law and would grace the shelves of a number of legal practitioners as well as the lay audience.

It is set out in a laudably logical manner. Chapter 1 sets the scene, talking about work related stress, its effects and costs. In Chapter 2, we are introduced to the slippery concepts of bullying and harassment with the link back to how they can be some of the causes of work related stress. By now, even the most conscientious of employers will be hooked! Before the book goes into the complexities of statute, Chapter 3 deals with the common law, judicially developed and recognised claims which may arise from mistreatment at work.

As Chapter 4 starts, it dawns that what we really have here is a concise book on many of the important areas of employment law looked at through the lens of harassment and bullying. Not only does this show the logical mind of a legal practitioner and the analytical mind of a part time Employment Tribunal Chairman, it also sets a standard that many a writer of longer, more tortuous works on this area could do well to follow. It is crisp, well explained without being patronising, concise and clear. The legal mind is pleased to see references to the important decided cases but they are not so numerous as to confuse or sidetrack the lay mind. This chapter deals with unfair dismissal law and procedure before Chapter 5 homes in on constructive dismissal, a potentially very significant area where harassment and bullying are concerned.

Discrimination law, up to October 2005, comes in Chapter 6 and is again well explained without over simplification. There has to be a downside to this book. It is not large but it becomes very apparent here and it is the usual problem with the printed word, especially in areas of law such as this – it is outdated virtually as soon as it goes to press. The book is accurate up to a year before the age discrimination legislation came into force which adds a potential new complication to the subject area under consideration. This is a major area of discussion at present and will remain one for lawyers once the press frenzy dies down: a second edition will doubtless include consideration of it, but, by then, something else will be new and not included for the same reason.

Chapter 7 looks very usefully at health and safety guidance and Chapter 8 at potential criminal liability for harassment and bullying, something important but frequently overlooked by both bully and victim whether as a threat to check poor behaviour or a potential punishment for it.

Throughout the book, useful practical checklists are offered but the Appendices set out model policies which would make the book worth buying in their own right. They are ideal for consideration, comparison and, not least, simply for use.

This book is rather like a literary Tardis. There are not many pages, but what you get for your money is considerably more than you would expect when you open the first page. It seems to be pitched correctly for all its potential audiences and, in the reviewer's opinion, simply cannot be praised too highly for a work of this nature.