One tribe goes to war; one tribe fights the fires

A couple of days ago, I ended a comment to this blog with the words Viva Humanity!

This morning, I was reminded of the nightmare that comes when inhumanity lives and thrives, while listening to Lyn Witheridge* on BBC Radio 4's Saturday Live.

Lyn is one of the first people in the UK to prove her case of bullying in the High Court. Her story of the ridiculous professional demands and personal insults is not the whole of it. Nor is it sufficient to recognise the depression and the effect on her family life while she was being bullied.

What tips the balance into a nightmare situation, a nervous breakdown and complete feelings of helplessness is when the legal process goes wrong. In Lyn's case, the tribunal rejected her complaint on the basis that she had bullied her employer, the organisation itself. She called for apparently too many meetings to discuss the issues. This is again a damned-if-you-do-damned-if-you-don't situation. My deepest sympathy to anyone forced into this situation anywhere, at work, at home, with their neighbours.

Lyn's efforts were viewed as bullying itself. The court was used by the bully to further their own actions.

This is where our legal system goes wrong; still even today I believe it is happening.The victim is placed on the same level as the bully, where the implication is that there are "two warring parties". With this, a court gives the bully a voice and places value judgements on the victim's responses to the situation that they have been placed in (remember, they were not looking for it). Hence, the bully's actions are condoned and the bully's effects on the victim are strengthened.

This is the nightmare; a war is being fought between an aggressor and a fire fighter, and the fire fighter is damned for his efforts to put out the fire that no one wants but the aggressor. The bully has the Law on their side.

Fortunately, in Lyn's case, her union was funding her case and supported her taking the case to appeal. A nightmare within a nightmare and thank goodness she had her union; it is nigh on impossible for anyone with a private case. Appeals are expensive, transcipts have to be taken of the original hearing; the focus has to be that the original hearing was not conducted properly. And new evidence can only be presented with good reason. If you are forced in to this situation with a civil issue, where you are paying, make sure you get your case clear from the start. All the emotions don't make it easy but get it right first time -- the right to go to appeal is not a matter of course.

The result: Lyn's was worst case of bullying that the judge had ever heard and the tribunal had to be held again.

There are many good people forced on to the back foot by a few. It would serve the world well if the practioners of law were to routinely recognise even just the coarser grains within humanity.

So, Longue Vie à La Bonne Humanitié!

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* Lyn Witheridge's account starts 20 minutes into the programme.