Bullying and Harassment

Vicky Gray made this Freedom of Information request to Wolverhampton City Council

The request was refused by Wolverhampton City Council.

From: Vicky Gray

4 December 2008

Dear Sir/Madam

I would like to know how many employees of the city council have
been absent from work due to either stress, anxiety, depression or
any combination of those ailments between 1st August 2004 and 31st
October 2008.

Please also confirm how many complaints of bullying have been made
by employees of the council against managers or colleagues during
the same period.

Please confirm how many employees have claimed constructive
dismissal within the same period for bullying/harassment.

Please confirm how many claims have been filed against the city
council at the Employment Tribunal within the same period for
bullying/harassment.

I would ask that you remember the statutory duty imposed upon
public authorities by virtue of Section 16 of the Freedom of
Information Act to provide advice and assistance to requesters. If
for any reason you are leaning toward rejecting any part of this
request or if you plan to argue that it is unmanageable or
unanswerable in any way then I would expect you to contact me
promptly to find ways to answer this request to our mutual
satisfaction.

Yours sincerely

Vicky Gray

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From: Vicky Gray

6 December 2008

Dear Sir or Madam

Thank you for your prompt response. I would also clarify when I
mentioned constructive dismissal, I was referring to the employee
directly, similar point about bullying and harassment complaints,
there is no Employment Tribunal claim called "bullying and
harassment". This will usually form part of a claim for unfair
dismissal or one (or more) of the various discrimination claim
and/or under the Protection from Harassment Act. Could you provide
the information on the aforementioned.

Could you provide the information in electronic format via this
website.

Thank you for your full co-operation

Yours Sincerely

Vicky Gray

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From: Vicky Gray

13 January 2009

Dear Sir or Madam

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Wolverhampton City
Council's handling of my FOI request 'Bullying and Harassment'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/bu...

Yours sincerely

Vicky Gray

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From: FOI
Wolverhampton City Council

9 February 2009

Dear Ms Gray,

Due to an administrative error, there has been an error processing your
request. We will endeavour to respond as soon as possible

Regards,

Chris Hoskins
Customer Relations Assistant | Communications Team | Office of the Chief
Executive
Wolverhampton City Council
Tel: (01902) 554498 | Fax: (01902) 550117
E-mail: [email address]
Please consider the environment before printing this email

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From: FOI
Wolverhampton City Council

9 February 2009

Dear Mr Neville,

Due to an administrative error, there has been an error processing your
request. We will endeavour to respond as soon as possible

Regards,

Chris Hoskins
Customer Relations Assistant | Communications Team | Office of the Chief
Executive
Wolverhampton City Council
Tel: (01902) 554498 | Fax: (01902) 550117
E-mail: [email address]
Please consider the environment before printing this email

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From: Vicky Gray

12 February 2009

Dear Chris Hoskins

Thank you for your reply. However, irrespective of your 'error' you
are in breach of the Freedom of Information Act. Therefore, please
explain the nature of the error which prevented you from responding
to my request and if it appears to me to be reasoable, I will await
your reply within the next twenty days. If not, or if you refuse to
explain, I will submit a complaint to the Information Commissioner.

I look forward to hearing from you.

Yours sincerely

Vicky Gray

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From: Vicky Gray

14 September 2009

Dear Mr Hoskins

On the 9 February 2009 you contacted me stating "due to an
administrative error, there has been an error processing your
request. We will endeavour to respond as soon as possible". You
also addressed me as Mr Neville...when in fact my name is Ms Gray.
I originally requested the information on the 4 December 2008.

It is now 14 September 2009 what is the excuse this time for not
adhering to the procedures of the Freedom of Information Act? Is it
perhaps because you have meticulously collated the correct
information that I requested?

I look forward to hearing your response to the above issues I have
raised

Yours sincerely

Vicky Gray

Link to this

From: Vicky Gray

14 September 2009

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Wolverhampton City
Council's handling of my FOI request 'Bullying and Harassment'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/bu...

Yours faithfully,

Vicky Gray

Link to this

From: Vicky Gray

22 November 2009

Dear Sir or Madam

I am still awaiting a response to my request. The next excuse will
be the Christmas holidays. Please respond to this request.

Yours faithfully

Vicky Gray

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Vicky Gray left an annotation (29 December 2009)

From: Vickyxxxxxx

ContactsTo: Nevillexxxxx

Dear Mr Neville Patten

On the 4 December 2008 I asked for Information Under the Freedom of Information Act. It is now the 29 December 2009 and I have still not received the information that I have requested. I am extremely disappointed that a reputable organisation can behave in such an unprofessional manner. As the leader of the council perhaps you could intervene and ensure that I receive the information I have requested. Here is the link to the request. http://www.whatdotheyknow.com/request/bu...

Thank you for you assistance. I apologise for involving you in this matter but as the leader of a the council you are know doubt aware that this reflects badly on the Council.

Yours Sincerely

Vicky Gray

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From: Vicky Gray

29 December 2009

Dear FOI

I have made a formal complaint to the leader of the Council as it
is apparent the attitude taken by this office is a blasé do not
respond to correspondence attitude.

Please provide the information I have requested.

Yours sincerely

Vicky Gray

Link to this

From: Rita Rich
Wolverhampton City Council

30 December 2009


Attachment l.foi44 gray 17.12.09.doc
167K Download View as HTML


Dear Ms Gray,

Please find attached letter below regarding your freedom of information
request.

<<l. foi44 gray 17.12.09.doc>>

Mrs R Rich

Secretary

Director for Customer and Shared Services

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Vicky Gray left an annotation ( 3 January 2010)

From: Vickyxxxxxx

ContactsTo: Nevillexxxxx

Dear Mr Neville Patten

On the 4 December 2008 I asked for Information Under the Freedom of Information Act. It is now the 3 January 2010 and I have still not received the information that I have requested.

I did receive a response on 30 December 2009 which if you follow the link is a limited response.

I am extremely disappointed that a reputable organisation can behave in such an unprofessional manner. As the leader of the council perhaps you could intervene and ensure that I receive the information I have requested. Here is the link to the request. http://www.whatdotheyknow.com/request/bu...

Thank you for your assistance. I apologise once again for having to involve you in this matter but as the leader of a the council you are know doubt aware that this reflects badly on the Council.

Yours Sincerely

Vicky Gray

Link to this

From: Vicky Gray

3 January 2010

Dear Anne Dokov

Thank you for your response concerning the FOI on bullying and
harassment. I would like to clarify a few points

1) As a council you will have to record sickness absence in a
format to send form HR to Payroll in order for SSP to be calculated
(even for cases where staff still receive full pay) So there will
be some sort or record detailing absence.

2) As a council one would expect you would employ a welfare
officer, who would be advised of all staff absent due to stress,
depression it would be part of your duty of care under both the
Health & Safety At Work Act 1974 and also under most contracts of
employment. Details would have to be passed to that person or an
appointed person in HR.

3) One would assume that a council would have a welfare officer,
who would be advised of all staff absent due to stress/depression,
it would be part of their duty of care under both the Health &
Safety At Work Act 1974 and also under most contracts of
employment. So details would have to be passed to that person or an
appointed person in HR.

I will repeat the question I originally asked on the 4 December
2008. "I would like to know how many employees of the city council
have
been absent from work due to either stress, anxiety, depression or
any combination of those ailments between 1st August 2004 and 31st
October 2008.".

You failed to answer questions 3-4. No response just a blank.

I will also repeat the questions: Please confirm how many employees
have claimed constructive dismissal within the same period for
bullying/harassment.

Please confirm how many claims have been filed against the city
council at the Employment Tribunal within the same period for
bullying/harassment.

I would also clarify when I mentioned constructive dismissal, I was
referring to the employee directly, similar point about bullying
and harassment complaints,
there is no Employment Tribunal claim called "bullying and
harassment". This will usually form part of a claim for unfair
dismissal or one (or more) of the various discrimination claim
and/or under the Protection from Harassment Act.

Please provide the above information and remember under Section 16
of the Freedom of Information Act you are obliged to assist me with
my enquires I am also emailing the leader of the council as I feel
he has a right to know about the blasé attitude of his staff in
answering Freedom of Information Requests.

Yours sincerely

Vicky Gray

PS Don't say another 20 days and then it's 2011

Link to this

From: Rita Rich
Wolverhampton City Council

5 January 2010

Dear Ms Gray,

Thank you for your e-mail. We will come back to you shortly in reply to your questions.

Rita Rich

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From: Vicky Gray

19 January 2010

Dear Rita Rich

I am still awaiting a response to the information I requested in
2008. Please provide the information I requested via this website.

Yours sincerely,

Vicky Gray

Link to this

From: Lynne Kitson
Wolverhampton City Council

19 January 2010


Attachment l.foi44 gray 11.1.10.doc
330K Download View as HTML


Dear Ms Grey

Please find attached response to your freedom of information request.

Lynne Kitson

Office Manager/Secretary to Chief Human Resources Officer

HR Shared Service

Wolverhampton City Council

01902 554046

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From: Rita Rich
Wolverhampton City Council

20 January 2010

Dear Ms Gray,

Thank you for your e-mail. At the moment your FOI is still being worked on but I will get in contact with the division concerned and let them know that you are waiting for a reply.

Mrs R Rich

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From: Lynne Kitson
Wolverhampton City Council

20 January 2010


Attachment l.foi44 gray 11.1.10.doc
330K Download View as HTML


Please find attached response to your Freedom of Information Request.

Lynne Kitson

Office Manager/Secretary to Chief Human Resources Officer

HR Shared Service

Wolverhampton City Council

01902 554046

show quoted sections

Link to this

From: Vicky Gray

23 February 2010

Dear Lynne Kitson

Thank you for your response concerning the FOI on bullying and
harassment. I would like to clarify a few points.

Under YOUR duty to provide advice or assistance (Section 16), YOU
should make suggestions as to how YOU could help ME get the
information I want if YOU are claiming it would cost too much.

1) As a council you will have to record sickness absence in a
format to send form HR to Payroll in order for SSP to be calculated
(even for cases where staff still receive full pay) So there will
be some sort or record detailing absence.

2) As a council one would expect you would employ a welfare
officer, who would be advised of all staff absent due to stress or
those who had said they were being bullied, it would be part of
your duty of care under both the Health & Safety At Work Act 1974
and also under most contracts of employment. Details would have to
be passed to that person or an appointed person in HR.

3) One would assume that a council would have a welfare officer,
who would be advised of all staff absent due to stress or those who
had said they were being bullied, it would be part of their duty of
care under both the Health & Safety At Work Act 1974 and also under
most contracts of employment. So details would have to be passed to
that person or an appointed person in HR.

4) Your mention of the data being "Sensitive Personal Data Under
the Data Protection Act is irrelevant. I am asking for information
regarding ailment and staff numbers not personally identifiable
information.

8) Your suggestion that to search through the files over four years
is slightly puzzling as one would imagine each file would have a
section dealing with sickness absence. If the files are manual
files held in what the Data Protection Act refers to as a "Manual
relevant structured filing system," one would expect it would take
at most a minute to extract a file from a cabinet, open it, turn up
the sickness tab and glance at the sheet and scribble a note if the
file refers to stress/depression and put it back again. The
"relevant cost limit" from Section 12 is £450 or two and a half
days work. By those figures, one would expect you to be able to
review 1000 files in that time. If you ran a query on your
database, you could identify all employees who had been off sick in
the period I have requested and then look at these files.

I suggest you carry out your review again or is bullying so endemic
throughout the council you are trying to hide the figures? As I am
sure you don't want the public to feel that you are covering up
bullying at the taxpayers expense?

Please also confirm how many complaints of bullying have been made
by employees of the council against managers or colleagues during
the same period.

Yours faithfully

Vicky Gray

Link to this

From: Vicky Gray

1 August 2010

Dear Wolverhampton City Council

I will not waste any more of my valuable time by complaining to the
Information Commissioner from whose office you have no doubt been
advised how best to refuse to comply.

The taxpayer of Wolverhampton will be funding the bullying
behaviour of management. With an an additional tax for paying for
cover for absent staff due to depression/stress bought on by
bullying.

Stress is not the employee's inability to cope with excessive
workload or the unwelcome attentions of bullying co-workers and
managers; stress is a consequence of the employer's failure to
provide a safe system of work as required by the UK Health and
Safety at Work Act 1974.

Yours sincerely

Vicky Gray

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Vicky Gray left an annotation ( 1 August 2010)

FAO: Wolverhampton City Council Staff

If anyone is experiencing any form of bullying either in the workplace or elsewhere the following sites are helpful.

Very helpful: http://employees.org.uk/

Legal Advice: http://www.lawcentres.org.uk/

Helpful if going to tribunal http://etclaims.co.uk/

This is a free course which people may find helpful
http://www.skillsoft.com/bullying

Advice from Government website
http://www.direct.gov.uk/en/Employment/D...

Mobbing
http://bullyeq.com/mobbing.htm

SOME SUGGESTIONS TO HANDLE BULLYING

(1) Make sure you keep a log of everything;
What has happened and what you have done and where it occurred, include dates, time and people around

(2) Keep all communication professional, factual, non-confrontational and problem resolution oriented. This will help you maintain your professionalism and credibility.

Keep all communication in writing so you have a paper trail in case you or the council needs to take legal action. Steer away from any emotionally charged conversations and do not respond to threats or degrading communication, verbal or e-mail. If the bully approaches you to harass you walk away immediately saying nothing.

Always remember you are in a professional setting and must maintain your creditability at all times. You will look more adult to the senior executives if you walked away and did not engage in the behaviour.
Keep everything on file; arm your self with facts and documents. Get enough hard evidence that backs up your position of concern, but make sure you do not strengthen the Bully’s position.

(3) Report to your supervisor/manager the incidents and request a copy of the council’s anti-harassment policy; you have the legal right to it.
If they will not give it to you then go to Human Resources or to the next level of management. If the Bully is the next level then go to their supervisor, after you have gone to your immediate supervisor/manager and Human Resources. Do not request it from the Bully.

Make sure you keep a log of who you spoke to, when and what you requested, and their actions.
Make a follow up requested by e-mail, stating the time and date of your meeting and the outcome.

(4) DO NOT hold any one-to-one conversations with the Bully in private.

Have someone else present for meetings, or have them where others can over hear if you can, i.e. keep doors open.

Ask MANAGER/CEO to help resolve issue by making a work agreement that the two of you must have a third party present at meetings until the issues are resolved.

(5) If the person you go to does nothing, keep going up the COUNCILS seniority levels until you reach the CEO.

(6) If no one in the COUNCIL will resolve the harassing behaviour, seek legal advice with your notes and communication file in hand.

GOOD LUCK AS YOU WILL NEED IT.

Regards

Vicky Gray

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Things to do with this request

Anyone:
Wolverhampton City Council only: