Bullying in the Workplace

A recent complaint of bullying at Number 10 demonstrated how serious workplace bullying is. Bullying:- offensive, intimidating, insulting behaviour or an abuse of power, which can cause stress and ill-health.

Legal Position

An employee cannot make a direct complaint to the Employment Tribunal about bullying, but may be able to bring a claim for harassment or discrimination on the grounds of sex, race, disability, age, or religion.

A claim can be brought under the Protection from Harassment Act 1997, if the “bully” has engaged in an intentional course of harassment.

Further, the employer can be held responsible for acts of the bully, or for failing to support and help a bullied employee where bullying has led to psychiatric injury.

Finally, an employee can bring a claim for constructive dismissal if bullying causes them to resign and the employer failed to prevent it.

Advice

Employees happy at work perform better. Better working relationships allow for effective team work, improved productivity and decreased sickness absence. How to eradicate bullying?

• Make it clear bullying is unacceptable. Provide clear policies, making it clear what steps will be taken against bullies.
• Set a good example. An authoritarian style of management creates an environment in which bullying thrives.
• React promptly to complaints. Ensure confidentiality.
• Be sympathetic. Train managers to deal sensitively with bullying.

This article is not intended as a full statement of the law and individual legal advice should be taken if any of these issues affect you. employment@thomasdunton.co.uk