Network Rail worker ‘unfairly dismissed after years of workplace bullying’

An employment tribunal has ruled that a Network Rail employee was unfairly dismissed after years of workplace bullying and racial harassment which managers failed to deal with properly.

Jennifer Cafferky, Associate Solicitor in our Employment Team, reports on this recent case.

The tribunal heard that Parm Singh Bassi had worked for the company for 24 years before his dismissal. The case centred on a long-running breakdown in workplace relationships at a depot where the claimant said he had been subjected to hostility, rumours and intimidation by colleagues over a prolonged period.

The tribunal found that racist material linked to the English Defence League and BNP had been left in the claimant’s work boot. It also found that newspaper cuttings referring to a stabbing incident had later been left in his boots and in a communal drawer beside a kitchen knife.

Judges concluded that these incidents amounted to racial harassment and bullying.

The tribunal was highly critical of the company’s handling of the situation. It found that managers failed to investigate incidents properly, allowed rumours and hostility to continue unchecked and did not take effective steps to protect the claimant or challenge bullying behaviour within the workplace.

The judgment said management failures created an environment in which those responsible for the bullying believed they could continue their behaviour without consequences.

The tribunal also found that concerns and rumours about the claimant were allowed to spread through the depot without management taking effective action to address them.

Although the claimant was eventually moved away from the depot, the tribunal concluded that the underlying workplace problems had not been properly tackled.

The judgment referred to the company’s own bullying and harassment policy, which warned that workplace bullying can seriously affect employees’ wellbeing, health and working lives if not addressed effectively.

Although not all of the discrimination claims succeeded, the tribunal accepted that the claimant had experienced bullying behaviour over a number of years and criticised what it described as weak management within the workplace.

Compensation will be decided at a separate hearing.

If you would like more advice on conducting or a review of an investigation in bullying or racial discrimination please contact Jennifer on 01228 516666 or click here to send her an email.