Topic: Bullying and intimidation on Allotment.

[realfood]

I am on a privately owned allotment in Scotland, and one of our female officebearers has been subjected to several bullying and intimidation verbal attacks by the Chairman and the Secretary. Two were witnessed by others and one was recorded at a Committee meeting where she was hopelessly outnumbered.
I have tabled an amendment to our constitution covering this sort of situation, for our AGM at the end of this month.
The health and Safety at Work act(1974) covers this situation, but The Health and safety Executive did not think that allotments were covered as they are not normally a place of work. We do actually pay our secretary an "honoreria" in addition to expenses.
It may come under Common Law and the Human Rights Act, but has anybody else had this sort of problem and how did you deal with it?

[aj]

If he is being paid, then it is [his] employment and he is basically bullying a customer as the lottie fee will go to pay him.

[Unwashed]

The most effective way of dealing with bullying, or for that matter dealing with aggression generally, is learning how to be assertive.  Bullying can be a problem in all spheres of life and finding someone to tell the bully off isn't particularly effective as it doesn't address the root cause and mostly there isn't anyone to run to.

Scottish law is different in many respects to English law and I have little idea about the situation north of the border, but your officer isn't employed and the Health and Safety at Work and subsequent acts don't apply.  HRA also doesn't apply as the allotments are private, and in any event it has nothing to say about this situation.  If the aggression was serious enough, such as threats of violence or serious profanity, then it would be a police matter, but just being shouted down by a couple of oafs is not something the law is interested in.

If the Chair isn't able to control the meeting and give everyone a fair opportunity to get their point accross then you need a new Chair, but not everyone likes being told to shut up and sit down by the Chair and that's not allways bullying.

[Hector]

It's covered under the Human Rights Act. I'll ask rep at work to get her perspective.

[Unwashed]

It's covered under the Human Rights Act. I'll ask rep at work to get her perspective.

It's a privately owned allotment, the HRA doesn't apply - HRA only applies to public authorities, and that's it.

S.6(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

Even if this were a public authority's allotment site the HRA wouldn't apply as such to the committee of the association.  The local authotity would be under an obligation to do something as public authorities have a positive duty to act to protect your convention rights, but you'd have the devil's own job convincing some clerk at the council of that.

And in any case bullying in itself doesn't infringe any Convention right unless it could ammount to a restriction of your Article 10 right to freedom of expression, or your Article 11 right to freedom of association, and your rights would always be balanced against your bully's same rights.

And in all practical respects it wouldn't help you in the slightest if the HRA did apply because unless you have a couple of hundred thousand pounds to take a case out in the High Court there's bugger-all you can do to enforce your rights.

[marcitos]

Unwashed

I thoroughly agree with you re LA owned sites, however here is my LA's take on this

'you will be aware that the councils licence agreement with a self managed site relates to them being responsible for the day to day management of the site. They must act within terms of the Allotments Act. However, as a community group, the committee are not a public body and are therefore not subject to Human Rights legislation'

Marcitos

[Unwashed]

Unwashed

I thoroughly agree with you re LA owned sites, however here is my LA's take on this

'you will be aware that the councils licence agreement with a self managed site relates to them being responsible for the day to day management of the site. They must act within terms of the Allotments Act. However, as a community group, the committee are not a public body and are therefore not subject to Human Rights legislation'

I believe the council are wrong (and what I said previosuly doesn't look completely right either!).

This is what the HRA says

Section 6(3)  In this section “public authority” includes— (b) any person certain of whose functions are functions of a public nature,

The test then is whether the committee's self-management function is of a public nature and not whether the committee is a public body.  This has been tested in the courts for housing associations operating on behalf of councils, and the decisions have turned on how closely the housing association is operating with the council.  An allotments association managing a site under license for a local authority looks ever so very much like it's functions are "functions of a public nature"..  

That's really only the case for self-management under license, it doesn't look like the HRA applies to the committee if it leases the land from a LA, and certainly not if it's a private site.

[Hector]

Clarified this today and my understanding is the same as Unwasheds last post. My understanding is that persons acting on behalf of a public body fall within this legislation.

I think it would be expensive/difficult to "prove" BUT think any council will avoid like the plague any hint of a HR query against them.

[Unwashed]

I think it would be expensive/difficult to "prove" BUT think any council will avoid like the plague any hint of a HR query against them.

You'd hope, but Newbury Town Council don't give a stuff for Human Rights.  I posted notices that were critical of the council, especially their plans for rent increases, on the society notice board.  The Council told me to take them down, but I wouldn't, so the Council gave the Society the ultimatum that they took my notices down or the Council would take the notice board down.  Society complied and put a lock on the notice board!  HRA guarantees my Article 10 right to freedom of expression, but Newbury Town Council doesn't like being criticised, and there's bugger all I can do about it.

But it's been my experience that complaining about having your Human Rights violated generates opprobrium rather than sympathy.  Elements of the press and political establishment have done such a good hatchet job on the HRA that your average schmo thinks it's only good for saving mass-murdering illegal immigrants from deportation, and asserting your Human Rights with a local authority is just as likely to mark you out as a trouble-making loser as secure you your rights.

[digmore]

Bullying and intimidation at any level is not acceptable and must not be tolerated.

How you deal with it is always the million dollar question.

If the act is systemic there is little you can do, if its personal, the problem is slightly easier.

If you feel at the goal is not worth the fight just pull back and let things carry on. If they make the play personal, it is up to you to stand up for your own space.

Bullies are like bad dreams, they dont like the light of day. Show them for what they are, in public they shy away from the limelight. If enough people see whats going on, questions and comments get made...

If you are not going to win, dont enter the bout. Only you can decide.

Digmore