Bullying is a topic that we hope you will never need to address in your workplace or team. However, sadly, bullying at work is more common than you might think.
According to the Chartered Institute of Personnel and Development (CIPD), around 15% of employees in the UK have experienced bullying of some kind at work. In addition, 8% reported harassment and 4% reported sexual harassment.
Should bullying at work arise in your organisation, knowing how to deal with it professionally, legally, and effectively is vital. Here’s what you need to know, your responsibilities as an employer, and some strategies for effectively tackling bullying at work.
What is bullying at work?
According to the trade union UNISON, workplace bullying can be defined as “persistent offensive, intimidating, humiliating behaviour, which attempts to undermine an individual or group of employees.” Some examples of bullying behaviour might include (but are not necessarily limited to):
- Saying malicious, cruel, or unkind things to or about a person
- Ridiculing, demeaning, or humiliating someone
- Spreading rumours
- Withholding information or resources that a person needs to do their job
- Intentionally blocking opportunities (for example, promotions, desirable projects, or training)
- Setting unreasonable or impossible expectations (such as excessive workloads or unrealistic deadlines) to set someone up to fail
- Shouting, swearing, or other aggressive behaviour towards another person
- Undermining a person in front of colleagues, clients, or customers
- Taking, hiding, or damaging a person’s possessions
- Deliberately excluding someone from team activities or social events
- Making threats
- Physical intimidation or violence
Bullying often takes place in person but can also take place online, over the phone, via email, or through other workplace communication systems.
Bullying becomes harassment when it is related to one of the UK’s nine protected characteristics (sex, race, disability, sexual orientation, religion or belief, gender reassignment, pregnancy or maternity, marital or civil partnership status, and age). Bullying is not a crime in and of itself, though certain bullying actions may rise to the level of criminality. However, it is still entirely unacceptable. Harassment is a crime in the UK.
What are your responsibilities as an employer?
As an employer, you are legally responsible for preventing harassment in your workplace. This means that you are liable for any discrimination or harassment (as defined by the Equalities Act 2010) suffered by your employees at work, and can get into legal trouble if you do not prevent, address, and stop it promptly.
There are fewer legal requirements around bullying that does not meet the law’s definition of harassment or discrimination on the grounds of protected characteristics. However, this does not mean you have no responsibilities.
All employees have a right to work in a safe environment, and there is some precedent for employees bringing legal action against employers who did not act to prevent or stop bullying, including claiming significant financial compensation.
Legal responsibilities aside, you also have a moral imperative to ensure that your workplace is safe and respectful for all your employees.
How employers can prevent bullying
The best way to address bullying in the workplace is to prevent it before it ever begins.
This process starts with a robust anti-bullying and anti-harassment policy. Your policy should emphasise safety, dignity, and respect, outlining examples of unacceptable behaviour (see our “What is bullying?” section above to get you started), setting standards for how employees are expected to behave towards one another, and outlining what steps will be taken if bullying does happen.
Don’t forget to address microaggressions, too – small acts of discrimination which can amount to bullying or harassment if allowed to continue. Include this policy in your staff handbook for all new starters.
In addition, you can include anti-bullying training in your new starter induction, annual top-up training for all employees, and managerial training for those in leadership roles. Your preferred workplace training provider may be able to offer this or to signpost you to suitable providers.
Another crucial part of preventing bullying is to foster a culture of kindness, respect for all, and the embracing of diversity and difference. Senior staff should lead by example, and Equality, Diversity, and Inclusion (EDI) should be at the heart of everything your organisation does.
5 things you must do in the event of a bullying complaint
Even with your best efforts to create a kind and inclusive workplace, bullying can still occur. If it does, follow these five steps in dealing with it.
1. Take all bullying complaints seriously
Ensure that complaints of bullying are not swept under the rug or minimised – it makes it easier for bullying to thrive and harder for people to speak up.
Thank the employee for coming to you, reiterate your commitment to safety and dignity at work, and assure them that you are taking their complaint seriously and will do everything you can to ensure the bullying stops.
2. Try informal procedures first
Your workplace anti-bullying policy should specify the steps you will take to address a bullying complaint.
It is best, where possible, to address a complaint informally in the first instance. Always involve the person who has made the complaint and, wherever possible, aim to focus on what they would like to happen.
Informal strategies may include having a quiet word with the person/people who have been accused of bullying, arranging a meeting with everyone involved to resolve the issue, or conducting mediation. In some instances, a person may not realise their behaviour was hurtful and be willing to apologise and amend their future conduct when they are made aware of it.
There are some instances where informal procedures are not appropriate. If the bullying is very severe, has been going on for a long time, or meets the legal definition of harassment, you will likely need to follow a formal grievance procedure. You may also need to escalate to formal processes if the person accused of bullying denies the allegation or makes a counter-accusation.
3. Escalate if necessary
If informal procedures do not work, or if the bullying is particularly severe, you will need to escalate the issue and perhaps instigate formal anti-bullying procedures. This might include involving human resources, beginning formal disciplinary procedures in line with UK law and your organisation’s policies, issuing written warnings, or bringing in external parties (such as a trade union or a person trained in handling workplace bullying) to deal with the issue.
4. Keep everyone safe
While a complaint is being investigated and dealt with, everyone’s safety and wellbeing is paramount.
You may need to separate the individuals involved by moving the person accused of bullying to a new workspace, allowing a remote working arrangement for the victim if this is not already in place, or amending shift patterns so they do not work together. In some circumstances, a suspension from work for the bully may be appropriate while you carry out your investigations and procedures.
5. Offer ongoing support
Being bullied can be seriously upsetting, and may even rise to the level of trauma that can have a major impact on mental health. This means that, even when the bullying has been dealt with, you will need to provide any required ongoing support for the victim(s).
This can be informal, formal, or both. Informal support might include maintaining an open door policy so that they can come and talk to you at any time, and checking in with them from time to time to see how they are doing. Formal support measures might include a temporarily amended work schedule, paid time off to deal with the emotional impact of the bullying, or the provision of professional support through an Employee Assistance Programme (EAP.)
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