- (b) In reaching and implementing this management choice he acted in a way which was intimidating, in the sense of unreasonably and persistently aggressive conduct in the context of a work meeting. It also involved an abuse or misuse of power in a way that undermines or humiliates. He introduced an unwarranted punitive element. His conduct was experienced as undermining or humiliating by the affected individual, which was inevitable. It is to be inferred that the DPM was aware that this would be the effect of his conduct; at the very least, he should have been aware.
- (c) On a separate occasion, the DPM referred to the Civil Service Code in a way which could reasonably have been understood as suggesting that those involved had acted in breach. This had a significant adverse effect on a particular individual who took it seriously. The DPM's conduct was a form of intimidating behaviour, in the sense of conveying a threat of unspecified disciplinary action, and was experienced as such. He did not target any individual, nor intend to threaten anyone with disciplinary action. However, he ought to have realised that his reference to the Civil Service Code could well have been understood as a threat.
- (3) In relation to the MoJ Complaints:
- (a) The significance of the MoJ Group Complaint is that it paved the way for all of the other Complaints. The participants in the MoJ Group Complaint deserve credit for their courage in coming forward. But its composition and content make it unsuitable as a basis for any findings about the DPM's conduct.
- (b) On a number of occasions at meetings with policy officials, the DPM acted in a manner which was intimidating, in the sense of going further than was necessary or appropriate in delivering critical feedback, and also insulting, in the sense of making unconstructive critical comments about the quality of work done (whether or not as a matter of substance any criticism was justified). By way of example, he complained about the absence of what he referred to as 'basic information' or 'the basics', about 'obstructiveness' on the part of officials whom he perceived to be
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