Failure to follow procedures

Case 14: The facts

Miss Stanley made numerous complaints of bullying and harassment over a period of time. When the situation still did not improve, she resigned and brought a claim of constructive dismissal.

Her employer had a "dignity at work" policy which set out the steps that employees should take when complaints were made. The employer argued that Stanley had not followed this policy.

The ruling

The Employment Appeal Tribunal held that, where there is a complaints policy, it should be followed; however, this does not displace an employer's fundamental obligation to take reasonable steps to ensure that an employee is supported in times of difficulty, even when s/he has not activated the policy. Because of this, Stanley's claim was upheld.

Blackburn with Darwen BC v Stanley UKEAT/0429/04