Bullying in the workplace

Part one: Businesses need to take a firm stand on bullying. Knowing it when they see it is the first step

Published:  19 October, 2017

Harassment and bullying remain significant workplace issues despite growing awareness. The Acas Workplace Trends 2016 report said anti-bullying policies had been widely adopted in Britain but were not adequately dealing with this behaviour: “last year over 20,000 calls were taken by the Acas helpline on bullying and harassment with some people reporting truly horrifying incidents including humiliation, ostracism, verbal and physical abuse.”


Typical behaviours
According to the Chartered Institute of Personnel and Development (CIPD), many typical harassment and bullying behaviours can manifest in the workplace, from unwanted remarks and physical contact to shouting and persistent unwarranted criticism.

Research shows employees affected are more likely to be depressed and anxious, less satisfied with their work, have a low opinion of their managers, and want to leave the organisation. The CIPD says “organisations should treat any form of harassment or bullying seriously not just because of the legal implications and because it can lead to under-performance, but also because people have the right to be treated with dignity and respect at work.”

An organisation’s public image can be badly damaged when incidents occur, particularly when they attract media attention. This was the situation that Audi Reading unfortunately found themselves in at the end of May 2017 as a coroner examined the suicide of an apprentice mechanic. While the behaviour of some of the staff was found to be unacceptable, the coroner held the dealership free of blame for the death as there were numerous other external influences that led to the suicide. But that finding didn’t stop a torrent of ill-informed abuse being directed at the dealership and staff.


The law
Bullying is not specifically defined in law but Acas gives a definition. It says that “bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.”

Acas goes on to note that bullying is subjective – one person may consider it firm management while another may feel that they’ve been bullied. The CIPD says that the legal position with respect to bullying is complex as “there is no separate piece of legislation which deals with workplace bullying in isolation.” It adds: “Bullying might be part of discriminatory behaviour, or related to a myriad of different legal principles and specific laws.” 

The CIPD points out that cyber bullying might catch out employers: “Detrimental texts sent via mobiles or images of work colleagues posted on external websites following work events could amount to bullying. As this would be seen to have its origins in the workplace, the employer could be liable.”

The Equality Act 2010 defines harassment as “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating and intimidating, hostile, degrading, humiliating or offensive environment for that individual. Fundamentally,” says the CIPD, “the law protects individuals from harassment while applying for a job, in employment and in some circumstances after the working relationship has ended, for example, in connection with a verbal or written reference. There is also protection for people against harassment on the basis of their membership or non-membership of a trade union.”


Unacceptable behaviours
Acas suggests employers tell staff that the following, as an example, will not be tolerated:

  •  Spreading malicious rumours, or insulting someone verbally or physically ridiculing or demeaning someone, say by picking on them or setting them up to fail
  •  Exclusion or victimisation
  •  Unfair treatment
  •  Overbearing supervision or other misuse of power or position
  •  Unwelcome sexual advances
  •  Making threats or comments about job security without foundation
  •  Deliberately undermining a competent worker by overloading and constant criticism
  •  Preventing individuals progressing by intentionally blocking promotion or training opportunities

Related Articles

  • Bullying in the workplace 

    In part one of our look at bullying in the workplace, we looked at how bullying is defined, enabling businesses to understand when what may be construed as bullying is taking place between staff members. The next step is handling the situation.

  • Hello can we talk? 

    I have been known to say that “Communication is a wonderful thing." Usually the context of this statement is that there has not been good communication and it has resulted in one or both of us missing something or being agitated with one another for not communicating well to the other what was intended.
        
    Probably sounds familiar to many of you, but in the business context it is vitally important that you can communicate with your customers in a way that conveys professionalism and instils both confidence and trust. This is ever-more difficult against a background of increasing vehicle technology and decreasing levels of technical understanding from your customers.
        
    At its most fundamental level, effective communication is the exchange of thoughts, information, ideas, and messages between people. However, it’s not communication unless the transmission is understood. Communication can happen verbally, nonverbally, in writing, and through behaviour as well as by listening and using feedback.
        
    No matter who or what audience you address, the art of communication can be a daunting task – as indeed, it is an art form. The good news is that there are seven steps to clear and effective communication for even the most challenging conversations with customers when trying to explain what is wrong with their vehicle.

    Strategies
    So how can you communicate effectively in this increasing technical environment? One of the best ways is to imagine that you are talking to your grandmother – she may be a little slow to understand, is very non-technical and is going a little deaf!
        
    Keep it simple: Think about how you can make the complicated simple. Do not use highly technical terms or technical abbreviations and explain slowly and clearly. A good example would not be to say: "Sorry, but your EGR valve is blocked by carbon build up on the pintle needle so now it can’t control the correct NOx requirements." Instead, say: "There is a valve on your vehicle’s engine which is required to control exhaust emissions and it is not working correctly." If the customer wants to know more you could always add: "Because it is blocked by carbon build up from the exhaust system, as it recycles exhaust gasses to reduce the exhaust emissions."

    Simples! – as they say.
        
    Does it make sense? Always ask yourself; Does what I’m saying make sense to the person I am speaking to and subsequently does the feedback I’m receiving confirm that they have understood?. When both parties in the conversation are truly able to say they understand or that it is all clear  effective communication has been achieved.
        
    Failure to Communicate – it’s down to you: Remember, as the primary communicator you are 100% responsible for the other person’s understanding of the communication. In other words, if you don’t feel that you are being understood, you have not completed the job of communicating. Don’t try to change what you are trying to communicate, but how you are communicating it.
        
    Stay on Message: Be clear about what ideas you are trying to express or the message you are trying to convey to the other person. What do you most want them to understand?
        
    It takes two: Try to really understand where others are coming from. What are they trying to say? What messages are they trying to get across to you? Pay special attention not just to what they are saying, but to what isn’t being said as well as their body language. Finally, if in doubt – ask!
        
    Sorry, what did you say? Do you really hear what others are saying? To really listen you should stop everything else that you are doing and really listen to what is being said to you. You should then summarise your understanding by being able to feed back to them exactly what you have understood them to have said. Good communication is a two-way thing.
        
    Respect: Recognise that your message is not just about you or what you want. It’s about what’s in it for the listener.  You must mutually understand what is being said and the corresponding implications. After all, they took the time and trouble to hear what you have to say, so it’s equally important to recognise and respect that we each have different perspectives based on our positions, motivations, and needs.
        
    Good communication for technically difficult aspects is a combination of both ‘what you say and how you say it’. In summary, keep it simple, keep it short, be a good listener and be both respectful and empathetic. Above all, avoid being condescending.

    In writing
    When communicating in writing, ensure that you are concise, that you write clearly about the specific point and consider that if you were in the recipient’s position, would they understand what you have written, especially in all the points that they need to know from you. Your audience doesn't want to read six sentences when you could communicate your message in three. Read what you have written and delete any words that are not needed to clearly explain what you need to say. Less is more, as long as you include everything you need to say.
        
    Effective written communication ensures that the audience has everything they need to be informed about, and if applicable, take action. If your message does include a 'call to action', does your audience clearly know what you need them to do?

    Good example
    As an example of good communication, I use a local independent workshop and Keith, the manager, is the epitome of how it should be done. It goes something like: "Hello Neil, your car is in today for a full service, so we will need it until around 2 o’clock. Can I have the key please? Is this mobile number the best to use so we can call you if I have any questions or to let you know when it is ready and finally is there anything else you would like us to know about that we may need to look at today?" Followed by my reply: "Great Keith, no, nothing else, so many thanks and see you later."
        
    Quick, polite and concise. When I pick my car up, he uses similarly simple and clear language to explain what was done, advice on any other issues they noticed before explaining the invoice, asking if everything is clear or are there any questions before requesting payment. Importantly, Keith never tries to baffle his customers with technical terms and avoids being condescending – important points in the key areas of creating professionalism, confidence and trust in this increasingly technical environment. It is a bit like your grandmother saying that the simple things in life are often the best and this applies to good communication when talking technical.  

    xenconsultancy.com

  • Get to the essentials 

    Marketing can be hard to grasp, even for the most experienced business operator. This made it an ideal topic for Andy Savva to cover as part of his 2019 training course schedule. Andy's one-day Marketing Essentials course provides an overview of what marketing actually is, looks at key approaches and how to apply them to a garage business.
        
    Aftermarket sat in on a sold-out session held in Crawley in February. In front of a packed room, filled with garages owners and staff, Andy dispelled some myths and misconceptions surrounding the discipline: "Marketing is one of the most misunderstood functions found in business. Whatever the reasons for any negative image that marketing may have, it is essential to realise that marketing is vital to ensure the survival and growth of any business. Marketing cannot be ignored and needs to be a part of the culture of any successful organisation.
        
    "Marketing affects everyone. We are all consumers. Most businesses depend on marketing to provide an understanding of the marketplace, to ensure their products and services satisfy the needs of customers, and that they are competing effectively."
        
    Despite running great businesses, Andy has found that garage owners often struggle when it comes to marketing: "Understanding customers and anticipating their requirements is a core theme of effective marketing, yet this is somewhat difficult for garages to fully get to grips with. So too is understanding general market trends and developments that may affect both customers views and the activities of businesses in the aftermarket repair sector. You must also be aware that a business does not have the marketplace to itself. There are always direct competitors, new entrants and indirect challengers.”
        
    Andy added: "Marketing should concern everybody in a business as it sets the context in which sales can take place. Whatever your role, you play a part in setting that context."

    Interaction
    As Andy got into the meat of the marketing matter, he led the delegates through what marketing is, and how they need to approach it and enact effective marketing within their businesses. Even the most experienced business owners and managers can get a little confused when asked to distinguish between marketing, advertising and sales. After asking attendees to pick where they would plant the marketing flag, with a few near misses along the way, Andy went through the specifics:
        
    "Marketing is a systematic approach aimed at bringing buyers and sellers together for the benefit of both. Many people confuse selling and advertising with marketing but they are not the same. Marketing is about promoting goods and services that both satisfy customers and also bring profits to the business.
         
    "Selling is the interaction that takes place on a personal level with potential customers. Marketing on the other hand is aimed at generating those potential customers in the first place. Many people confuse selling and advertising with marketing but they are not the same. Advertising is part of the marketing function, but never the other way around."
        
    For marketing to succeed, there needs to  be a goal and a way of achieving it, which Andy went on to cover: "Any marketing campaign needs to have a clear focus and this is why it is so important to make the right choices. Will the business compete across the entire market, or only certain parts? It is also a good idea to ensure all employees know the strategies being adopted, so that everyone works together to achieve the same goals." Andy then asked a question of the group: "Do you know what your garage business is trying to achieve and how it is trying to achieve it? In most cases the answer is no."
        
    The goal influences the method, and vice versa. From this point, Andy covered the classic four Ps of marketing – product, price, place and promotion – and went from there to the more recent extended marketing mix, incorporating people, process and physical evidence. Beyond this he laid out transactional marketing, which is sales-focused, and relationship marketing, which takes a much broader view including customer service, and quality presentation and results.
        
    Next he took on the thorny issue of branding as part of the marketing strategy, and why a strong brand is so important for recognition, financial value, motivation and loyalty. All of that was just the pre-lunch session. After lunch, Andy went into even greater detail on areas such as the marketing triangle, SMART objectives and SWOT analysis. It's heady stuff, but Andy made it approachable and applicable to the sector.

    Inspirational
    Those in attendance found a lot to take away from the day. Dani Comber from Thrussington Garage in East Goscote, near Leicester said: "I find Andy really inspirational. I think he's brilliant. He can come and work at our garage." Commenting on what she was learning about marketing from the day, Dani said it showed the gap between what they were doing at present, and what they should be doing: "I find it demotivating and motivating at the same time. You want to do everything, you've got the intention to do it, but you've not done it. On the other hand you are motivated because you see what you can do."
        
    Elisa Bramall from Scantec Automotive from Hailsham, East Sussex said: "I have attended several training courses with Andy. I only have good things to say about him of course. His passion being the main thing, and that he says it how it is. No beating around the bush. A lot of his values we stand by as well, i.e use of OE parts, tools and genuine equipment. When you attend his training courses, it aligns with what we want to achieve. With all of his experience, if you think you know it all you certainly don't."
        
    Tina Drayson, Operations Manager at CCM Garage, based in West Sussex and Surrey said: "I have done Andy's financial course before. It is phenomenal. I have learned so much from it. It has certainly changed the way we are doing our business. I am hoping that today with the marketing essentials will give us even more direction going forward."
        
    Terry Roberts, owner at  Witham Motor Company in Witham, Essex said: "I have just become a RAC approved garage in the last few weeks, so I am looking at changing my brand. I am really enjoying it. I am learning a lot and have picked up a lot of things."
        
    Commenting on what he was getting from the course, Billy from  Beacon Hill Garage in Hindhead, Surrey said: "It just hammers home that if your standards slip, and your marketing as well, and you take your eye off the ball, things will go wrong. I will be going back to give a few people a kick up the backside to bring standards back up. "
        
    Brothers Mahesh Vekaria and Pravin Patel own a garage each in Harrow. Mahesh, owner of Cardoc said: "What have I learned from Andy today so far? It has refocused and re-energised my enthusiasm for marketing. We do a fair bit of marketing, but coming today, you see a different angle to it."
        
    Pravin, proprietor at Harrow Service Centre, observed: "Today has been interesting. I have learned a lot. In a sense we already do a bit of marketing, but to understand what it really does mean and the ways we are doing it – is it right or wrong? – is really useful. It is something to implement when we go back to work."
        
    In that the pair are brothers and are based just half a mile apart, Aftermarket was curious as to who would get back and implement new marketing initiatives first. "I would say that I would," said Mahesh. Pravin agreed: "Yes  he would, definitely, having said that, he looks after my marketing for my garage as well. So he has double the work really."

    Information
    Edward Cockhill of Uckfield Motor Services in Uckfield East Sussex observed: "It is quite an eye-opener. I saw marketing as just advertising, whereas it is really the whole perception of my company. There is a lot of cogs that are going to be turning when I get home. "
        
    Peter Bedford of GT One Ltd in Chertsey, Surrey said: "We are an independent Porsche specialist. Our business is in need of a bit of a review in its marketing ideas, and we are looking to freshen it up. I have come along to see another angle of it. Some things I think I know and we have applied. Some I know and we have not applied, so you need a kick up the backside. Some things are brand new. On the whole it is brilliant."
        
    Cieran Larkin from Larkin Automotive in Dublin commented: "It is good to get marketing training from a professional who has been in the garage business as opposed to someone who is dealing with generic marketing. Andy's experience is brilliant in that way."
        
    Nick Robinson from Marchwoods in Folkestone had been to Andy's courses previously and was back for more: "I came to Andy's events last year for garage financial understanding and customer excellence. They were real eye-openers so I have come back for another one. I was badgering him earlier to see what is coming up next. I will be at that one as well!"
        
    Meanwhile, for Edward from Swanley Garage in Swanley, it was his first time: "This is the first one I have been to. It is really good. It is about getting all the information and having the guts to go out and do it. We are all guilty of not doing marketing properly, it is about taking that jump to rebrand yourself or say right we are not doing that any more, or we are not doing cut price work, or we are not going to let the customers bargain with us any more, and seeing where it takes you."

  • Would you like to diagnose more vehicles first time? 

    As we reach March, 2019 is well and truly underway. In fact by the time you read this one third of the year will have whizzed by never to be seen again. Now, I’m not one for New Year’s Resolutions (they’re so last year), but I am the type of chap that likes constant progress when it comes to developing a technician’s career.
        
    There’s so much to be said for small steps taken everyday that on first look appear don’t appear to make a difference, but when gazed back upon over a 12 month period have a staggering affect on your capability to diagnose a vehicle first time, in a timely manner.

    Pitter-patter of tiny feet
    Small steps are all well and good but where do you start? After all, you don’t know what you don’t know, and you’d like to start your journey to diagnostic success off on the right foot. In this instance I’d start with the end in mind and reverse engineer the outcome you desire. It’s a logical process that works, and can be replicated time and time again in your diagnostic routine.
        
    Your ‘end in mind’ in this instance is a vehicle where the fault no longer exists, that won’t appear back across the threshold of your workshop anytime soon. But how do you guarantee that?

    One test to rule them all
    I love nothing more than when the delegates working through our training programs have a technical epiphany. This happens at many points on their path of learning, but none more than with bypass testing.
        
    Bypass testing is step nine in Johnny’s diagnostic circle of love (our 15 step routine), and often the key element in the first time fix. The good news for you is that it doesn’t require mythical creatures to forge their magical powers into an object that only one technician can possess. It’s something that every tech can learn, and become a diagnostic wizard.

    What is bypass testing?
    Quite simply it’s fixing the vehicle before you fix the vehicle. Let me explain.
        
    Wouldn’t it be great if you suspected that a Mass Air Flow sensor was at fault and you could prove that you were right before you fitted a new part, or spoke to the owner of the vehicle. If you could do that then the positive effect it would have on you and the business you work for would blow you away.
        
    Picture this: Your customer has reported that the vehicle is low on power. You’ve diligently questioned them, experienced the problem with them on a road test, and the bought the vehicle into the workshop.
        
    You’ve pulled codes and found none present, followed by taking a look through serial data to hunt for diagnostic clues. It doesn’t take you long to identify that the MAF sensor frequency looks a little low at 1.5 Khz and your fuel trim data is incorrect and making a positive corrections. You’ve seen a bunch of these before and know that 1.85 Khz is a suitable value for this vehicle.
        
    You’re keen to prove that the serial data is leading you in the right direction so confirm the sensor output with your oscilloscope. The oscilloscope frequency mirrors that of the serial tool and your starting to get that warm fuzzy feeling that an you’re onto something.

    Steady the buffs
    You’ve been close to success before though, only to be thwarted in the final moments so you’re keen not to be caught out twice. You know that documenting the reasons that the MAF output could be incorrect is the way to go, and duly make a list of tests required to confirm your theories.

  • part ONE: ‘You owe me!’ 

    As an employer, have you ever found yourself in a situation where you need to make a deduction from an employee’s wages? Are you confident that you know the legal rules in this area? Andrew Rayment, a Partner in the employment department of law firm Walker Morris, has seen this question arise many times with employers who have made the wrong decision.
        
    He offers an example to illustrate the point. A worker has had to take three weeks off work because of a bad back. He is paid statutory sick pay but there is no company sick pay scheme to top this up. He has three young children to support and the employer knew he was going to struggle to make ends meet. The employer ‘topped him up’ to his full wages for the three weeks as a ‘loan’ to help him out. It was agreed, however, that the loan was to be repaid when the worker was in a better situation. The payment was through payroll so the money was received as ‘wages’.
      
     “The problem in this case was that everything was done on trust, so nothing was written down or confirmed in writing,” and as Andrew continued, “a year later the worker resigned after a disagreement. During the interregnum, the period between handing in his notice and his departure, he didn’t repay the money, so it was simply deducted from his final wages payment.” The agreement for the loan was verbal and there was nothing written into his employment contract for the employer to make deductions from his wages.
        
    As if to inflame the situation, the worker subsequently filed a claim in the Employment Tribunal for unlawful deductions from wages and the employer was ordered to repay the sums deducted.
        
    As Andrew says: “It seems unjust, but these were the actual facts of an Employment Tribunal case. But there is a further sting in the tail. Once an Employment Tribunal has ordered an employer to pay back an amount that has been deducted unlawfully the employer cannot attempt to recover that money later in another way, for example by bringing a civil action in the county court.” This rule, he adds, applies even though the sum may have been properly due from the employee to the employer. The fact that the employer has sought to recover it unlawfully effectively extinguishes the previous debt and the employer does not get a second bite at the cherry.

    What does the law say?
    Section 13 of the Employment Rights Act 1996 sets out the provisions that protect workers from unauthorised deductions (known as unlawful deductions) being made from their wages.
      
     “Quite simply,” says Andrew, “the law says it is unlawful for an employer to make a deduction from a worker's wages unless the deduction is required or authorised by statute or a provision in the worker's contract; or the worker has given their prior written consent to the deduction.”
        
    Worse still for employers, he says that unlike breach of contract claims which can only be brought after the employment has ended, employees can bring unlawful deductions claims in the Employment Tribunal while their employment is ongoing.

    Who is protected?
    The law applies to all workers and includes not only an employee, but an individual who has entered into ‘any other contract... to do or perform personally any work or services’, unless the individual is carrying on a ‘profession or business undertaking’ and the other party to the contract is ‘a client or customer’ of that undertaking. In practice, anyone who is on the payroll regardless of whether they are full-time, part-time, casual, direct agency hire or zero-hours will be protected.
        
    Andrew cautions employers that following a raft of recent cases on worker status many self-employed contractors may be deemed in law to be workers regardless of the parties’ intentions or the contractual paperwork.
        
    In essence, workers are protected from having deductions made from their wages except in certain specific circumstances. Says Andrew: “The law puts the onus firmly on employers to obtain authorisation from the worker to any deductions before they are made. The overriding aim is to protect staff from unscrupulous employers, but employers also need to protect themselves against falling victim to the strict legal rules.”




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