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Unite Welcomes GHA Bullying At Work Judgment

Unite says it has welcomed the bullying at work judgment against the Gibraltar Health Authority.

A statement from Unite follows below:

In a claim supported by Unite Legal Services, a comprehensive and 68 page employment tribunal judgment found the complaints of bullying against one of the claimants well founded. Although the complaints of the second claimant were dismissed, the tribunal opined that the behaviours alleged would not have been sufficiently serious to succeed in a claim under the Bullying at Work Act.

Stuart Davies, Unite National Officer for Gibraltar said: “This outcome represents a landmark judgment and is understood to be the first successful claim under the Bullying at Work Act, legislation that was introduced five years ago. The Act itself is a progressive piece of legislation enabling workers to bring standalone bullying claims without having to rely upon one of the protective characteristic under the Equal Opportunities Act. It does however demonstrate the importance of the support of the union and Unite Legal Services in being able to bring a claim successfully to the employment tribunal given the long wait since the introduction of the legislation.

"In light of the judgment, Unite will seek dialogue with the Gibraltar Health Authority to positively tackle bullying behaviour in the workplace, so as lessons can be learned and the outcome should also make all employers take note of the importance of having robust processes in place to protect workers from bullying in the workplace. The union will not hesitate to fully support further claims under the Bullying at Work Act where our members have experienced inappropriate actions in the workplace.

"The union would like to take the opportunity to pay tribute to the bravery of our members in bringing these claims to highlight and root out these behaviours, as well as those union members and colleagues who gave evidence in support of the claimants. Unite Legal Services also want to place on record the union’s thanks to Andrew Cardona and Phillips Barristers & Solicitors, who were instructed by the union to represent the claimants, for their hard work, professionalism and support to our members throughout this process”.