No-one should have to suffer bullying at work, yet many people do. Studies show it’s a growing issue that has a negative impact on people’s careers, lives and wellbeing. 47% of UK workers have observed bullying at work – while one in ten have experienced being bullied in the workplace.
What is bullying?
There is no legal definition of bullying, but Acas says it can be described as “unwanted behaviour from a person or group that is either: offensive, intimidating, malicious or insulting. an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.”
When you think of bullying at work, it’s easy to conjure up the type of actions that might be involved. Everything from insults, swearing, hurtful comments, being made fun of, undertaking pointless and demeaning tasks to making impossible demands, changing your hours of work, withholding important information, physical violence, threatening call or texts, intimidating behaviour, blackmail and being forced to take part in initiation rituals.
But a recent survey commissioned by law firm Wright Hassall also found that:
· 57% of people believed shouting in the workplace does not count as bullying
· 63% of people felt that abrupt emails would not be classed as bullying
· 35% of people did not think jokes about a person could be considered bullying
· 32% of people did not believe that exclusion from group meetings is bullying behaviour
· 21% of people did not think that spreading rumours about a person was bullying
Bullying and harassment policy
These statistics illustrate that bullying has a broad reach and whilst a colleague shouting might previously have been seen as someone just being passionate, it’s important that employers revisit incidents where shouting is involved, especially if an employee decides to make a formal complaint and take the employer to a tribunal. It’s worth remember that the costs and reputation damage associated with this can be crippling.
Awareness about what behaviours are acceptable and what are not is essential as it making sure that everyone knows what support is available to them. This must filter down from the top in the form of a comprehensive bullying and harassment policy, which everyone has access to.
Duty of care
Employers have duties to take reasonable care of the health and safety of their employees. These duties arise under common law, health and safety legislation and are also an implied term of the employment contract. It encompasses mental, as well as physical health, given the impact such behaviour can have on employees’ mental health and wellbeing.
Reasonable care must also extend to both those making and those facing such allegations. Employers must also bear in mind the potential damage to an employees’ wellbeing, reputation and employment/career, particularly if it turns out that they were wrongly accused. Because failing to do so could leave employers exposed to claims by the accused employee of, for example, unfair dismissal, breach of contract or discrimination.
How I can help
For advice and support when it comes to updating your bullying and harassment policies, processes and procedures, please email caroline.robertson@actifhr.co.uk