Bullying is a common problem which can occur in a workplace and which can have significant implications when not properly addressed.
What is bullying?
Bullying is offensive, intimidating, malicious and/or insulting behaviour which involves the misuse of power which can make a person feel humiliated, upset, vulnerable, undermined or threatened. This can take many forms, however, examples can include inappropriate and derogatory comments about a person or intimidating levels of supervision. Bullying can be in person or other means of communication, such as letter, e-mail or telephone.
What is harassment?
Distinguishing what amounts to bullying or harassment can at first appear to be confusing. Harassment is any unwanted physical, verbal or non-verbal conduct that has the effect or purpose of violating a person’s dignity or creating a hostile, degrading, humiliating, intimidating or offensive environment. It is not necessary for there to a series of instances as a single incident alone can be sufficient to amount to harassment. This can also take many forms, for example, actions of “horseplay” such as pinching or pushing and offensive messaging. Unwanted behaviour would usually be related to a relevant protected characteristic, being age, sex, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation.
What effect can bullying and harassment have on an employee?
Bullying and/or harassment can have a devastating effect on an employee which can often result in long term absence from work. We find that mental health problems, such as depression, stress and anxiety can be caused as a result of work-related problems, not necessarily limited only to instances of bullying and harassment. Any periods of absence must be properly certified in accordance with an employer’s Absence Policy.
How should a complaint be raised?
In some circumstances, an employee can raise the problem informally with the person responsible. If this is inappropriate, it can be raised informally or formally with the employer. Where an informal means of resolution is no longer available or deemed to be inappropriate, a formal complaint can be raised in accordance with a Grievance Procedure.
An employer should have an Anti-harassment and Bullying Policy which clearly sets out the commitment of the organisation towards providing a safe environment to work in and that all employees are treated with dignity and respect. It should outline what is expected and how any issues should be addressed. An employer should also have a Grievance Procedure setting out the way in which a complaint raise in this way can be addressed and a Disciplinary Procedure should such action be ultimately necessary. Policies and Procedures should be clearly communicated to all employees.
Any employee who has been involved within an investigation should not be treated any less favourably as a result. Any form of retaliation could subject the employee responsible to disciplinary action in accordance with a Disciplinary Procedure.
What can an employer do to address problems effectively?
An employer should ensure that it has the appropriate policies and procedures in place, for example, an Anti-Harassment and Bullying Policy, Equal Opportunities Policy, Grievance Procedure and Disciplinary Procedure. It would also be beneficial to provide training for employees, particularly those in a management role. We find that problems can often be averted where potential issues are identified early and acted upon swiftly.
What if a complaint cannot be resolved?
Where a complaint has not been resolved and any appeal process has been concluded, further advice should be taken as to any potential claim that might exist. There are important timelines to issue a complaint at an employment tribunal.
In some circumstances, where the employment position has become untenable and an employee does not wish to issue a claim, a financial settlement can sometimes be negotiated which ultimately results in a Settlement Agreement. A Settlement Agreement is a confidential document that will prevent an employee from pursuing their employment rights. It is a requirement that an employer obtains legal advice and usual for an employer to make a contribution towards legal fees.
If you would like to discuss any of the issues in this blog, please contact us.
