Bullying in the workplace

Part two: Businesses need to put robust measures in place to make sure they do not inadvertently allow workplace bullying to occur

Published:  13 November, 2017

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.

Employers are liable for harassment between employees, and can also be liable for harassment which comes from a third party (for example, a customer). Just as importantly, individuals also have a responsibility to behave in ways which support a non-hostile working environment for themselves and their colleagues.

From an employer’s point of view, the Chartered Institute of Personnel and Development (CIPD), says their first responsibility is “to put in place a robust and well communicated policy that clearly articulates the organisation’s commitment to promoting dignity and respect at work.” The policy should give examples of what constitutes harassment, bullying and intimidating behaviour; that these will be treated as a disciplinary offence; clarify the legal implications and outline the costs associated with liability; describe how employees can get help and make a complaint; promise that allegations will be treated seriously and quickly; note managerial responsibilities; and emphasise that every employee is responsible for their own behaviour.

Employees should be briefed on their obligations, rights and procedure should an issue arise. The policy should be monitored and regularly reviewed for effectiveness.

What will surprise employers is that their responsibilities may extend to any environment where work-related activities take place including social gatherings organised by the employer, such as work parties or outings, unless they can show they took reasonable steps to prevent harassment. Where discrimination-based harassment has occurred employers and individuals can be ordered to pay unlimited compensation, including the payment of compensation for injury to feelings. Individuals can be prosecuted under criminal law too.

Issues arising
When a complaint is made, the CIPD say that it should be dealt with promptly. “Some may be dealt with internally and informally, and in minor cases it may be sufficient for the recipient of harassment to raise the problem with the perpetrator, pointing out the unacceptable behaviour.” But what happens if an employee finds this difficult or embarrassing? Here the CIPD say that procedures should permit support from a colleague, an appropriate manager or someone from the HR department.

Informal procedures should also allow for mediation which may help solve the problem and while maintaining workplace harmony. Acas (http://www.acas.org.uk) can help with this. But if informal approaches don’t work, the next step, is, says the CIPD, to trigger formal a procedure. “These will be needed if the harassment is serious, persists, or if the individual prefers this approach.” To follow this approach, organisations should have a clear formal policy to deal with grievances and disciplinary issues, including bullying and harassment, and this should comply with the Acas Code of Practice on disciplinary and grievance matters.

Part of the process means that any formal allegation of harassment, bullying or any intimidating behaviour should be treated as a disciplinary offence. The CIPD’s advice for investigating, which is backed up by Acas, means that the process should include a prompt, thorough and impartial response; the taking of evidence from witnesses; listening to both the alleged harasser and the complainant’s version of events; a time-scale for resolving the problem; and confidentiality in the majority of cases.

Employers should keep a record of complaints and investigations including the names of those involved, dates, the nature and frequency of incidents, action taken, follow-up and monitoring information. “Remember,” say the CIPD, “all sensitive information should be treated confidentially and meet the requirements of the data protection law which itself is about to get more punitive.”

Lastly, if a complaint is upheld the CIPD says “it may be necessary to relocate or transfer one of those involved to another part of the organisation… and it should not automatically be the complainant who is expected to move, but they should be offered the choice where practical.” It’s also important to keep in mind that where the perpetrator is transferred, no breach of contract must occur or a claim of constructive unfair dismissal could arise.

To conclude
Bullying and harassment is an unpleasant side to human nature. The number of incidents seems to be on the rise, but thankfully the issue isn’t universal. Even so, employers and employees cannot ignore the subject.
 

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