Tackling Bullies and Abusers
Alex Massie zeroes in on a disturbing aspect of Judge Kemp's written judgement in the Sandie Peggie v NHS Fife case - that potential wrongdoing only becomes problematic if one or more people complain:
"Yet according to the tribunal, Upton’s presence in the female changing rooms only became problematic once someone complained about it. This appears a novel variation upon an age-old philosophical inquiry:
"if a tree falls in the forest and no one complains, has it really fallen? Actually, yes it has and silence in this instance ought not to be confused with consent. The best that can be said of this obviously appealable judgment is that it is legally incoherent."
Now such reasoning is completely ludicrous - it would be absurd, for example, for an employer or service provider to say that bullying, sexist, racist and other abusive behaviour would only be considered once a formal complaint is lodged?
