Bullying and harassment at work: a guide (document)

What are bullying and harassment?

Examples and definitions of what may be considered bullying and harassment are provided below for guidance. For practical purposes those making a complaint usually define what they mean by bullying or harassment - something has happened to them that is unwelcome, unwarranted and causes a detrimental effect. If employees complain they are being bullied or harassed, then they have a grievance which must be dealt with regardless of whether or not their complaint accords with a standard definition.

How can bullying and harassment be recognised?

There are many definitions of bullying and harassment. 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.

Harassment, in general terms, is:

Unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient

Behaviour that is considered bullying by one person may be considered firm management by another. Most people will agree on extreme cases of bullying and harassment but it is sometimes the 'grey' areas that cause most problems. It is good practice for employers to give examples of what is unacceptable behaviour in their organisation and this may include:

• Spreading malicious rumours, or insulting someone (particularly on the grounds of race, sex, disability, sexual orientation and religion or belief)
• Copying memos that are critical about someone to others who do not need to know
• Ridiculing or demeaning someone - 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 - touching, standing too close, display of offensive materials
• 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.

Bullying and harassment are not necessarily face to face, they may be by written communications, email, phone, and automatic supervision methods - such as computer recording of downtime from work, or recording of telephone conversations - if these are not universally applied to all workers.

Why do employers need to take action?

Bullying and harassment are not only unacceptable on moral grounds but may, if unchecked or badly handled, create serious problems for an organisation including:

• Poor morale and poor employee relations
• Loss of respect for managers and supervisors
• Poor performance
• Lost productivity
• Absence
• Resignations
• Damage to an organisation's reputation
• Tribunal and other court cases and payment of unlimited compensation

It is in every employer's interests to promote a safe, healthy and fair environment in which people can work.

The 1991 European Commission code 'Protection of Dignity of Men and Women at Work', highlights the need for employers to develop and implement coherent policies to prevent harassment. In addition, various laws place responsibilities on employers to protect employees and these are outlined below.

The legal position

Discrimination and harassment

It is not possible to make a direct complaint to an employment tribunal about bullying. However, employees might be able to bring complaints under laws covering discrimination and harassment. For example:

• Sex: the Sex Discrimination Act gives protection against discrimination and victimisation on the grounds of sex, marriage or because someone intends to undergo, is undergoing or has undergone gender reassignment
• Race: the Race Relations Act 1976 gives protection against discrimination and victimisation on the grounds of colour or nationality. The regulations that amended the Act (Race Regulations 2003) also give a stand alone right to protection from harassment on the grounds of race and ethnic or national origin
• Disability: the Disability Discrimination Act 1995 gives protection against discrimination and victimisation
• Sexual orientation: the Employment Equality (Sexual Orientation) Regulations 2003 give protection against discrimination and harassment on the grounds of sexual orientation (orientation is defined as 'same sex' - lesbian/gay - 'opposite sex' - heterosexual - and 'both sexes' - bisexual)
• Religion or belief: the Employment Equality (Religion or Belief) Regulations 2003 give protection against discrimination and harassment on the grounds of religion or belief.
• Age: The Employment Equality (Age) Regulations 2006 provides protection from discrimination and harassment in respect of age and helps ensure that people are no longer denied jobs or harassed because of their age, and in most cases, workers of all ages will have an equal chance of training and promotion.

 Unfair dismissal

Employers have a 'duty of care' for all their employees. If the mutual trust and confidence between employer and employee is broken - for example, through bullying and harassment at work - then an employee can resign and claim 'constructive dismissal' on the grounds of breach of contract. Employers are usually responsible in law for the acts of their workers.

Health and safety

Breach of contract may also include the failure to protect an employee's health and safety at work. Under the Health and Safety at Work Act 1974 employers are responsible for the health, safety and welfare at work of all employees.

The Health and Safety Executive (HSE) is currently focusing on the issue of stress at work. HSE defines stress as 'the adverse reaction a person has to excessive pressure or other types of demand placed upon them'. In tackling work-related stress HSE reminds employers that looking after the health of employees includes 'taking steps to make sure that employees do not suffer stress-related illness as a result of work'.

What should employers do about bullying and harassment?

First, consider framing a formal policy. This need not be over-elaborate, especially for small firms, and might be included in other personnel policies, but a checklist for a specific policy on bullying and harassment could include the following:

• Statement of commitment from senior management
• Acknowledgement that bullying and harassment are problems for the organisation
• Clear statement that bullying and harassment will not be tolerated
• Examples of unacceptable behaviour
• Statement that bullying and harassment may be treated as disciplinary offences
• The steps the organisation takes to prevent bullying and harassment
• Responsibilities of supervisors and managers
• Confidentiality for any complainant
• Reference to grievance procedures (formal and informal), including timescales for action
• Investigation procedures, including timescales for action
• Reference to disciplinary procedures, including timescales for action counselling and support availability
• Training for managers
• Protection from victimisation
• How the policy is to be implemented, reviewed and monitored.

The statement of policy will gain additional authority if staff are involved in its development. It should be made clear that the policy applies to staff on and off the premises, including those working away from base. The policy should also make plain that bullying or harassment of staff by visitors to the organisation will not be tolerated.

The behaviour of employers and senior managers is as important as any formal policy. Strong management can unfortunately sometimes tip over into bullying behaviour. A culture where employees are consulted and problems discussed is less likely to encourage bullying and harassment than one where there is an authoritarian management style. The organisation must make it clear that bullying and harassment are unacceptable.

Maintain fair procedures for dealing promptly with complaints from employees. Complaints of bullying and harassment can usually be dealt with using clear grievance and disciplinary procedures. Such procedures should have provision for confidentiality, and for both the person making the complaint and the subject of the complaint to be accompanied by a fellow employee or trade union representative of their choice (the right to be accompanied at grievance hearings is set out in the Employment Relations Act 1999).

Set standards of behaviour - an organisational statement to all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others. This may include information about what constitutes bullying and harassment.

Your staff handbook is a good way of communicating with employees, and can include specific mention of the organisation's views on bullying and harassment and their consequences.

Let employees know that complaints of bullying and/or harassment, or information from staff relating to such complaints, will be dealt with fairly, confidentially and sensitively. Employees will be reluctant to come forward if they feel they may be treated unsympathetically or are likely to be confronted aggressively by the person whose behaviour they are complaining about.

How should employers respond to a complaint of bullying and/or harassment?

Investigate the complaint promptly and objectively. Take the complaint seriously. Employees do not normally make serious accusations unless they feel seriously aggrieved. The investigation must be seen to be objective and independent. Decisions can then be made as to what action needs to be taken.

Informal approaches

In some cases it may be possible to rectify matters informally. Sometimes people are not aware that their behaviour is unwelcome and an informal discussion can lead to greater understanding and an agreement that the behaviour will cease. It may be that the individual will choose to do this themselves, or they may need support from personnel, a manager, an employee representative, or a counsellor.

Counselling

In both large and small organisations, counselling can play a vital role in complaints about bullying and harassment, by providing a confidential avenue for an informal approach, and perhaps the opportunity to resolve the complaint without need for any further or formal action. Some organisations are able to train staff from within, others may contract with a specialist counselling service. Employee assistance programmes are counselling services provided and paid for by the employer and free to the employee. Business organisations may also be able to help in providing advice on accessing good counselling services.

Counselling can be particularly useful where investigation shows no cause for disciplinary action, or where doubt is cast on the validity of the complaint. Counselling may resolve the issue or help support the person accused as well as the complainant.

Disciplinary procedures

Where an informal resolution is not possible, the employer may decide that the matter is a disciplinary issue which needs to be dealt with formally at the appropriate level of the organisation's disciplinary procedure. As with any disciplinary problem it is important to follow a fair procedure. In the case of a complaint of bullying or harassment there must be fairness to both the complainant and the person accused.

Detailed guidance on how to handle disciplinary matters is available in the Acas Advisory Handbook Discipline and Grievances at Work.

What should be considered before imposing a penalty?

The action to be taken must be reasonable in the light of the facts. In some cases it may be concluded that a penalty is unnecessary or that counselling or training is preferable - the individual may now be more able to accept the need to change their behaviour.

Written warnings, suspension or transfer of the bully/harasser are examples of disciplinary penalties that might be imposed in a proven case. Suspension or transfer (unless provided for in the employee's contract or agreed by the employee), could breach the employee's contract if they suffer a detriment by it, for instance a transfer to a different location which means additional expense or a less responsible job. Any such breach could lead to a claim of constructive dismissal by the affected employee.

Where bullying or harassment amounts to gross misconduct, dismissal without notice may be appropriate. From October 2004 all employers contemplating dismissal - or action short of dismissal such as loss of seniority or pay - must, as a minimum, follow a three-step statutory procedure.

Useful contacts:

Equality and Human Rights Commission Helpline 
information and guidance on discrimination and human rights issues.
Tel: 0845 604 6610

ACAS Helpline
Tel: 08457 47 47 47
Textphone users: 08456 06 16 00
Monday - Friday 08:00 - 18:00

Website links

Bully Online

The Andrea Adams Trust

CIPD Harrassment at Work

About this document

This document currently has a rating of 5 stars and has been viewed 17373 times. It was last updated on Wednesday, 17 October 2007.

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