The recent furore caused when a complaint was made about bullying at Number 10
demonstrates just how serious bullying in the workplace is taken.Nancy Lee offers
some guidance on dealing with this issue
Bullying is charThe recent furore caused when a complaint was made about bullying at Number 10
demonstrates just how serious bullying in the workplace is taken.Nancy Lee offers
some guidance on dealing with this issue
Bullying is characterised as offensive, intimidating or
insulting behaviour, or an abuse or misuse of power
and can cause work-related stress, anxiety and illhealth
even as extreme as psychiatric illness.
Whilst an employee cannot make a direct complaint to the
Employment Tribunal about bullying as such (per se), the
employer can be liable for damages under different types of
claim where bullying has occurred. An employee can bring a
claim for harassment or discrimination on the grounds of sex,
race, disability, age, religion or belief, or sexual orientation under
the various equality statutes (soon to be subsumed within the
Equality Bill).
Alternatively, a claim can be brought under the Protection
from Harassment Act 1997. For this, an employee must be able
to prove that the "bully" has engaged in a course of conduct (on
at least 2 occasions) which is intentional and which the "bully"
knew (or ought to know) amounted to harassment. While
conduct must be oppressive almost to the point of malicious for
this statutory regime to apply, claims do not need to be on the
grounds of sex, race etc and there is no need for the employee to
prove a recognised psychiatric illness or even that the injury was
foreseeable. Once harassment has been established this Act
provides for the vicarious liability of the employer. This means
the employer will be responsible for the acts of the bully.
An employer can also be held directly liable in negligence for
failing to support and help a bullied employee. Where bullying
has led to physical or psychiatric injury an employer can be
liable, for this the injury must be attributed to the bullying and
the employer must have failed in its duty of care by not taking
reasonable steps to prevent injury. In one case found on the
Tribunal found there to have been negligence and the employee
was awarded £800,000 in damages where allegations of
workplace bullying were not acted upon.
Finally an employee can bring a claim for constructive
dismissal if the bullying causes them to resign and the employer
has failed to prevent it, thereby breaching for examplethe
implied duty of trust and confidence owed to the employee.
Advice
Aside from the risk of legal proceedings there are obvious
reasons for an employer to try to prevent bullying in the
workplace. If employees are happy at work they will perform
better, attendance levels will go up and sickness absence will go
down. Furthermore, better working relationships will allow for
effective team work and improve productivity. So, just how can
an employer ensure bullying is eradicated?
An employer must make it very clear that bullying is totally
unacceptable by providing clear policies on bullying and
harassment, making it clear what steps will be taken against
bullies and who is responsible for managing the policy. The
policy should also refer to the disciplinary and grievance
procedures and how they are to be used in tackling bullying.
The policy should also include steps such as training to
prevent bullying.
Clear guidance on what behaviour is acceptable should be
provided to employees such as a list of examples of bullying.
An employer should set a good example. An authoritarian
style of management can create an environment in which
bullying and harassment thrive. Employers should promote
open discussion and a culture of support.
When a complaint is made employers must act promptly and
ensure confidentiality.
Finally, an employer must be sympathetic in its response to
complaints of bullying. Managers should be trained to deal
fairly and sensitively with such matters. Counselling sessions
can be an effective way to deal
with emotive issue.
