workplace bullying

[airedailleurs]

Hi I wonder if anyone can advise what recourse a temporary worker has if they are being bullied by HR into accepting the bullying of another employee (who is not their line manager) just because they have been in the firm longer and are considered to be indispensible to the firm.

The temporary worker has been informed that if they do not accept that the longstanding employee has the right to abuse/bully them and that they should deal with the situation without making a fuss, as said employee is just a bit "special" and under stress, they will be fired, even though there is nothing wrong with their work.
thank you

The HR department sound dreadful!

Firstly, it sounds unhelpful of HR to state that an employee has a "right" to bully anyone. Although bullying is not against employment law, most companies have a bullying and harassment policy, so I would not expect HR to condone a longstanding employee breaching company policy.

Secondly, HR should know that they don't "fire" a temporary staff member. Temps are not employees of the company, they are employed either by an agency or sometimes freelance. They would have to contact the agency and saying they don't want the person any more and having to explain the reason to the agency (which could involve making up a reason, going by your OP)

The temporary worker should contact their agency for support, which may involve being transferred to a different assignment elsewhere.

Honestly - find a new job. You have tried. If they want an hideous turnover of workers then they are going the right way about it and can't complain that they were not warned.

However, you could keep a log of all events (just in case you are around long enough) starting now. It may help you if you wish to at some later date launch a formal grievance, however the best option is to plan your escape and then exit interview. Without knowing specifics of how bullying is occurring it is impossible to advise further.

Thanks for your responses, I didn't expect any this evening!

I am on a fixed-term contract,with a notice period of 3 months, so not a temp hired via an agency, sorry if that was misleading. My contract is due to finish in the spring, but there is a chance the role may become permanent as it's maternity cover and the lady might not return.

There is another colleague in the same situation as me.

Your HR dept's reaction is a bit odd.

I don't think there is any qualifying period of employment to earn protection from bullying - any policies that exist will be effective from the day you start. (Not an HR professional so please correct me if I'm wrong!) No-one has the 'right' to bully you.

Your organisation may well have a policy such as 'anti-bullying' or 'respect' or something similar. Find it and have a read.

Is there a union in your organisation? They maybe able to advise.

Ok have spoken to ACAS. The employer would have addressed the bully's behaviour by now if it had wanted to. Colleague and I have no rights as have been employed less than 2 years so they can fire us for any reason at all. Colleague will resign today as still within probation period. I will assess situation in coming days re my next steps.

aire did they pass your probationary period? It sounds like they did as you mentioned your notice period is 3 months which is more often than not elevated from something like 1 week on either side. Did they confirm you passed your probationary period in writing?

Make sure if they do decide to terminate you early that they honour that 3 months' notice, that's a reasonable buffer in terms of giving you time to get another job.

I wouldn't resign if I were you, think of yourself, try to get through to the end of your contract even if you don't want them to extend it. If you find something better in the meantime, so much the better. It seems like if you can survive until Christmas, and your renewal is up in Spring, you should be home and dry anyway. The closer it comes to the end of your contract the more reasonable it will look that you have found something new to move onto.

I'd get out as soon as you can, and hope your next assignment is a lot more enjoyable.

Yes I did pass my probationary period, I believe they made a mistake with the notice period they put in my contract though, it should have been 6 weeks not 3 months.

I wont resign, just play it by ear and try to last as long as I can! Such a shame as it's a great job in lots of other ways.

Update with even more weirdness...so since I last posted I have left the company to start a permanent job elsewhere. However on my last day I came into the office to find on my desk a photo of my DC and some drawings they did for me that had gone missing after I placed them on my desk when I first started.

I hadn't reported them as missing as I thought I might find it down the back of my desk when I cleared it prior to leaving.

I have asked the company to investigate by eg examining CCTV footage to find the culprit but I think we all know it was the bullying individual mentioned in my OP.

I was really distressed by this incident as it just highlights the deviant behaviour of the bully, but fear she will continue to be protected. Would I be justified in calling the police or should I just forget the whole thing?

Breathe a huge sigh of relief you're out of there, let it go and move on. Look forward not back. Good luck in your new job!