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Bullying and Behavioural Conflict at WorkThe Duality of Individual Rights$
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Lizzie Barmes

Print publication date: 2015

Print ISBN-13: 9780199691371

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780199691371.001.0001

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The Substantive Legal Background to Behavioural Conflict at Work from 1995 to 2015

The Substantive Legal Background to Behavioural Conflict at Work from 1995 to 2015

(p.59) 3 The Substantive Legal Background to Behavioural Conflict at Work from 1995 to 2015
Bullying and Behavioural Conflict at Work

Lizzie Barmes

Oxford University Press

This chapter explains the individual labour and equality rights that are typically deployed in claims in the UK about behavioural conflict at work. It traces the development of the law from 1995 to 2010, when the sample of higher court judgments analysed in the book were decided, and outlines major developments to date. The areas of law considered comprise the statutory right not to be unfairly dismissed, statutory equality and harassment rules, rights under the Protection from Harassment Act 1997, and the relevant rules of contract and tort. Overall, the chapter demonstrates that law imposes substantial, wide-ranging obligations regarding workplace behaviour, all in pursuit of fairness, reasonableness, and respect for equality norms. The behavioural rules in themselves are often perfectly comprehensible but have been nested in extraordinary legal technicality.

Keywords:   individual rights, behaviour, unfair dismissal, anti-discrimination law, discriminatory harassment, Protection from Harassment Act 1997, negligence, bullying, harassment

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