We would hope that school bullies would grow out of their bad habits when they become adults, but unfortunately, instances of bullying do occur in the workplace.
You don’t want it to happen in your business as bullying can cause grievances, absences, disengaged employees, resignations and claims. There is also a risk that you will suffer reputational damage in the wider marketplace, which could mean that good employees choose not to work for you, or that they are more easily poached by your competitors.
But the good news is that there are practical steps you can take to protect your business.
What is bullying?
Acas defines bullying as ‘offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient’, so examples include picking on someone, spreading malicious rumours, ostracising them, unfairly criticising their work or undermining them.
An employee cannot make a claim for bullying to an Employment Tribunal. If, however, it falls under the scope of harassment and concerns one of the protected characteristics under the Equality Act, they may be able to lodge a claim against you.
Under the Equality Act, harassment is defined as ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’. It can be in relation to someone’s age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.
For example, you may face a claim for racial harassment if one of your managers is mimicking someone’s accent, making jokes about their country of origin or calling them derogatory and racist names.
Another point to remember is that even if an employee has tolerated the conduct towards them, or joined in with ‘banter’, it does not necessarily mean the conduct is not unwanted. Contact the British Sandwich Association Advisory Service if you would like to discuss this further.
What do Employment Tribunals look for?
Employment Tribunals will look at a number of factors when considering whether the act is a form of harassment, such as:
- the employee’s perception
- the circumstances of the case and
- whether or not it’s reasonable for the actions to be deemed as harassment.
What are your duties?
Under the Equality Act, if an employee is found to have harassed another employee, the employer can be held responsible.
To avoid this, you must be able to prove that you have taken all reasonable steps to prevent employees from committing harassment in your workplace. It is therefore important to make it clear to all employees that you do no tolerate bullying and harassment in your workplace. You should have a clear bullying and harassment policy in your Employee Handbook, which sets out your standards and expectations.
All managers should be trained to ensure they understand all the relevant policies, can deal with any concerns that do arise and ensure their own management style does not overstep the line.
Remind employees that it’s their responsibility to ensure that their behaviour does not cause offence and that any allegations made will be investigated and disciplinary action can be taken.
What other claims could employers face?
It is not just under the Equality Act that you may face claims.
If an employee is bullied, they may be entitled to resign and claim constructive dismissal at an Employment Tribunal. For example, an employee has raised a grievance about bullying behaviour by their line manager and you failed to address it, this may be in breach of the implied duty of trust and confidence between you and the employee.
The employee may also be able to make claim under the Protection from Harassment Act 1997 or lodge a personal injury claim at a civil court if the bullying or harassment that the employee has endured results in any physical or psychological injury.
Finally, employers have a duty to ensure, as far as it is reasonably practicable, the health, safety and welfare of their employees. This means that if you have not taken the reasonable steps needed to prevent bullying and harassment in your workplace; you may be in breach of the Health and Safety at Work Act and face a claim in a civil court.
As you can see, bullying is a complex area and leaves you exposed to a number of claims. You can seek legal advice by contacting the British Sandwich Association Advisory Service on 0845 226 8393 or