Workplace bullying
Acas defines workplace bullying as: “Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient”.
What one person thinks is firm but appropriate behaviour, another person will find intimidating and bullying. Employers should be alert to this, and mindful that it is the way the recipient feels that is important.
Bullying can happen face-to-face, through email, or by some other indirect means. Colleagues may side with the bully for fear of it happening to them. The victim may lose confidence and feel it is their fault.
According to Acas, it is good practice for employers to provide examples of what it considers to be inappropriate behaviour, for example, overbearing supervision, picking on someone and setting them up to fail, copying memos that are critical about someone to others who do not need to know, or deliberately undermining people.
The consequences
Bullying is a serious issue, which employers need to tackle.
They may face a ‘constructive dismissal’ claim before an employment tribunal if the employee leaves as a result of the bullying.
They may also face a health and safety claim. The employer has a ‘duty of care’ to their employees. Under the Health and Safety at Work Act 1974, employers are responsible for the health, safety and welfare of their employees.
One of the major consequences of bullying is stress. Employment tribunals take stress seriously.
The Health and Safety Executive defines stress as “the adverse reaction a person has to excessive pressure or other types of demand placed on them”. More information is available at www.hse.gov.uk.
What employers should do
Acas recommends that employers frame a formal policy on bullying, and to give examples of what is unacceptable behaviour in the workplace. This could include a statement of commitment from senior management, and a statement that bullying and harassment is unlawful, will not be tolerated, and may be treated as a disciplinary offence. It could also state that complaints will treated as confidential, that there will be protection from victimisation, and that investigations will be carried out to a specified timescale. It could also make clear the responsibilities of managers and supervisors to prevent bullying.
Where an employee makes a complaint, they may wish to be accompanied at any grievance hearing by a fellow employee or other representative, such as a trade union representative.
The Acas ‘Code of Practice on disciplinary and grievance procedures’ sets out principles for handling complaints and grievances in the workplace. Employers who do not follow the Code may have an extra 25 per cent added to any subsequent employment tribunal award.
It is important that staff know who to turn to if they have a problem. This should be made clear. Any complaint should be treated as confidential.
Action the employer can take
It may be possible to resolve the situation informally, by having a word with the alleged perpetrator, and pointing out that their behaviour is inappropriate.
If not, the employer should take reasonable action following a thorough investigation. They may want to take the employee’s record into account. Written warnings, suspension or a transfer are examples of penalties that they can impose.
Where the complaint is serious, the employer may suspend the alleged perpetrator. He or she should be suspended on full pay, unless their contract of employment provides otherwise.
If the bullying amounts to gross misconduct, the perpetrator can be dismissed without notice.
The employer may want to provide training for employees and managers, or counselling for the perpetrator to change behaviour.
Mediation using a trained and objective mediator may be a useful option, depending on the circumstances.
The employer should also examine their procedures, policies and working methods to ensure the situation does not arise again.
More information on what to do is available from Acas, at www.acas.org.uk.
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