Bullying complaints upheld

27 November 2009

A report commissioned by the States Employment Board (SEB) has found that a States Senator has been bullying and harassing States employees during the course of their duties. The SEB commissioned the report following formal complaints made to the Health and Safety Inspectorate (HIS).

The SEB, which employs most States staff, commissioned a UK Employment Judge, Christopher Chapman, to investigate the complaints. Mr Chapman, who is an Employment Tribunal Chairman in the UK and Deputy Chairman of the Central Arbitration Committee, was asked to consider the extent of the alleged harassment, its effect on the welfare of staff, the means through which the alleged harassment was happening and its effect on other staff.

Mr Chapman concluded that the Senator in question has failed to comply with the established procedure for raising complaints against States staff, as laid down under the Code of Conduct for States Members, thereby denying staff in question the opportunity of defending themselves. 

Mr Chapman concluded that bullying and harassment has taken place and has made recommendations to SEB on how to address the problem. SEB has accepted all six of Mr Chapman’s recommendations.

The Chairman of SEB, Senator Terry Le Sueur, said “Unless and until the Senator follows the proper course, and supports his allegations with appropriate evidence, the SEB extends its full support to the staff in question in the execution of their duties.  We are extremely proud of the calibre and dedication of the staff in SEB’s employment, and we are communicating directly with those people who have been victims of the Senator’s behaviour.”

When asking SEB to investigate the complaints, the HIS pointed out that every employer has a duty to ensure the health, safety and welfare of its employees while at work. This extends to ensuring that employees are not subjected to unacceptable behaviour, like bullying, which can affect their well-being.

The Inspectorate also made it clear that where the problem does not stem from a staff member and so cannot be dealt with directly, the employer must still take appropriate action to minimise the effects on its employees.

Chapman Report    (319Kb) (This will open in a new window)

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