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Employers' Guide to HR
Bullying And Harassment
All employees have the right to be treated with respect and dignity at work and more and more companies are recognising this. Bullying and harassment can have negative effects in the workplace and employers should do all they can to eliminate it.
Last Modified on: 2009/08/17 11:57
Harassment can be defined as 'any unwanted conduct, which is offensive or objectionable to the recipient'. The key is that
the recipient finds the actions or comments offensive. It may be related to sex, race, age, disability, religion, sexual orientation or any personal characteristic of the person. It may also be constant or just one event. The recipient's view is crucial, because what one person may find acceptable, another may not.
Bullying is where employees are intentionally intimidated, threatened or humiliated, possibly by a misuse of status or physical strength. Behaviour that is considered bullying by one person may be seen as firm management by another. Extreme cases are easy to identify, but sometimes there can be a fine line. It is good practice to give examples of unacceptable behaviour and this may also provide more clarity. Examples may include:
Sending rude and offensive emails about a colleague around the office.
Spreading rumours or insulting a colleague,
Constantly picking on one employee and not on the others.
Unwelcome sexual advances or comments
Preventing an employees progress by intentionally blocking promotion or training opportunities.
Making derogatory comments about someone’s sexuality, sexual orientation, race, age, religion or belief, disability.
It may be hard to identify bullying and harassment as employees may think that the way they are treated is normal
' Harassment can be defined as 'any unwanted conduct, which is offensive or objectionable to the recipient'. The key is that the recipient finds the actions or comments offensive. It may be related to sex, race, age, disability, religion, sexual orientation or any personal characteristic of the person. It may also be constant or just one event. The recipient's view is crucial, because what one person may find acceptable, another may not. Bullying is where employees are intentionally intimidated, threatened or humiliated, possibly by a misuse of status or physical strength. Behaviour that is considered bullying by one person may be seen as firm management by another. Extreme cases are easy to identify, but sometimes there can be a fine line. It is good practice to give examples of unacceptable behaviour and this may also provide more clarity. Examples may include: Sending rude and offensive emails about a colleague around the office. Spreading rumours or insulting a colleague, Constantly picking on one employee and not on the others. Unwelcome sexual advances or comments Preventing an employees progress by intentionally blocking promotion or training opportunities. Making derogatory comments about someone’s sexuality, sexual orientation, race, age, religion or belief, disability. It may be hard to identify bullying and harassment as employees may think that the way they are treated is normal behaviour in the company, they may not realise themselves it is happening or if they do realise, they may be fearful that they are seen as weak or soft by their colleagues. It may be that the complaint is somewhat trivial, but may actually be the 'last straw' following a series of incidents or they may fear the consequences if they do come forward with a complaint. Harassment and bullying should be classed as disciplinary offences and employees should be left in no doubt that such action is prohibited. They should also be informed as to the consequences and damage that such behaviour can cause. Victims of harassment should be given guidance and support in bringing complaints, the employer should seek to stop the harassment or bullying and ensure the employee is not victimised for having brought a complaint. The need for a specific policy on harassment and bullying The adoption of a company policy and complaints procedure on harassment will help employers in two key ways: The adoption of sound policies and procedures on harassment at work will help to prevent harassment from occurring in the first place by communicating to employees that it is not acceptable and should it occur further action will be taken. In the event of a complaint to an Employment Tribunal about harassment, the fact that a policy and procedure have been implemented will place the employer in a position to argue that all reasonable steps had been taken to prevent harassment in the workplace, additional steps can be taken to further strengthen your position. Thus employers may be able to avoid liability for the claim. Having an equal opportunities policy or harassment policy is, of course, not enough on its own to ensure that an employer will avoid liability for claims of sexual or racial harassment. Generally tribunals will examine whether such policies have management backing, whether they are supplemented by adequate training of supervisory staff, and whether effective disciplinary procedures are in place to deal with offenders. All managers are responsible for preventing harassment at work, for setting a good example, and for dealing promptly and sensitively with any complaints. A policy on harassment at work may be structured as a self-contained document, or alternatively may form part of the employer's overall equal opportunities policy, or a part of a policy on bullying at work, however it is drafted it need not be over-elaborate. Establishing a policy on harassment is the first step to eliminating it, but a policy will be effective only if it is accompanied by a clearly structured complaints procedure. A company's normal grievance procedure is generally not suitable for dealing with complaints of harassment, particularly in the case of an employee who is being harassed by his immediate supervisor. A separate complaints procedure should therefore be instituted to deal specifically with the problem of harassment in the workplace. Employers should also have a clear written set of rules to accompany their policy and procedure on harassment at work. Such rules should specify the type of conduct which is regarded as harassment (as above), and the type of penalty (e.g. warnings up to dismissal) that will be imposed on offenders for each type of offence. It should also be made clear that victimisation of, or retaliation against, an individual who has made a complaint of harassment will itself be regarded as gross misconduct, rendering the perpetrator liable to summary dismissal. A checklist of what to include in a bullying and harassment policy is: A statement of commitment from senior management. A clear statement that bullying and harassment will not be tolerated. Examples of unacceptable behaviour. A statement that such behaviour may be treated as a disciplinary offence. The steps a company takes to prevent bullying and harassment. Responsibilities of supervisors and managers. A commitment to confidentiality for any complaint. The procedure of how complaints can be raised and the investigation procedure, including time scales. Training for managers. Protection from victimisation. How the policy is to be implemented, reviewed and monitored. All companies, large and small, should have policies and procedures for dealing with grievances and disciplinary matters. Staff should know who they can turn to if they have a work- related problem, and managers should be trained in these (and all) areas in order to competently deal with them. Management action Before looking at management action, there are two points that are very important to note from the beginning: Maintain fair procedures for dealing with complaints. Ensure they are dealt with quickly, and either using a grievance and disciplinary procedure or, even better, proper harassment and bullying procedure, offer the right to representation, and ensure feedback is given to the complainant. Set standards of behaviour through company communication, a company statement regarding management behaviour and in the way previous complaints are handled. Sexual, racial and disability harassment constitute serious acts of misconduct which will, in many instances, justify dismissal. As with any form of gross misconduct, however, it is important that the employer should act fairly and reasonably in dealing with the alleged misconduct, and ensure there are proper grounds on which to take a decision to dismiss. No matter how serious an employee's misconduct might be, they still retain the right to be treated fairly and to be allowed to explain their side of the matter to the employer. One of the key issues which an Employment Tribunal will take into account when hearing a complaint of unfair dismissal for alleged gross misconduct, is the extent and thoroughness of the employer's investigation into the alleged misconduct. Investigating a claim of harassment or bullying Discuss the matter privately with the alleged perpetrator and assure them the discussions will be treated in confidence Offer the person the opportunity to be accompanied by a colleague or trade union official during the discussion, if they wish Assure the person that the purpose of the discussions is not to accuse, but rather to hear their version of events Tell the person factually what allegations are being made, giving specific examples if possible Give the person a full opportunity to present their side of events, however credible or otherwise the complaint may seem Remain objective and neutral throughout the discussions Try to establish whether the person accepts or denies the allegations Avoid getting into an argument or an emotional scene If during discussions it becomes apparent that there is no foundation to the allegations, adjourn the discussion to consider the matter, then return to inform the employee that the allegations are being dropped. The next step may be to consider whether the employee who raised the matter should be disciplined for misconduct in raising an unfounded complaint If new information comes to light during discussions, adjourn if necessary to investigate the claims If it becomes apparent that the allegations of harassment are well-founded, adjourn the meeting and review the next step, which may be to invoke the company's disciplinary procedure against the alleged harasser Assure the person that you will return to them promptly with feedback once you have decided what action to take If the harassment is treated as an offence under the company's disciplinary procedure, follow the procedure exactly Tackling bullying The following checklist outlines good practice in tackling bullying at work: Identify and publicise possible signs of bullying so that everyone can recognise it If violence is used, this is clearly gross misconduct on the part of the bully and must be dealt with as a serious disciplinary matter Ask employees what improvements in interpersonal relationships at work would enable them to perform better Establish procedures in which the victim can choose either to go directly to the harasser and get the action stopped or to seek counsel from someone else Deal firmly, but also fairly, with offenders. Action could include: Counselling to enable bullies to recognise and change offensive behaviour Training of offenders with others to explore the problem, recognise the damage and agree the necessary behaviour to overcome the problem Training of all employees in assertiveness and in handling inappropriate behaviour Fair discipline, including the right to respond to any allegations and to appeal against any disciplinary action taken, proper warnings and dismissal of offenders if necessary. The information contained in this article is for general guidance only and represents our understanding of employment and associated law and employee relations issues at the date of modification. VizualHR cannot be held responsible for any action or inaction taken in reliance upon the contents. Specific advice should be sought on any individual matter.
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