Under the Health & Safety At Work Act employers have a duty of care to their employees. The Act states, “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”. It is critical therefore that employers understand how to tackle bullying at work should it arise in order to protect their staff.
What is bullying?
There is no legal definition in the UK of the term bullying and therefore most organisations revert to using the ACAS definition of bullying which is, “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the person being bullied”. Bullying at work could be regular behaviour or a one-off incident, it could be in person or online, and bullying is often done in a way so that it is not immediately obvious or noticeable to others. In reality what might bullying look like? Unfortunately bullying at work is depressingly similar to playground bullying at school. Workplace bullies will spread rumours and gossip maliciously about someone, they’ll put someone down in front of colleagues, they’ll deliberately exclude someone from social gatherings or the team WhatsApp group and they might even make offensive or threatening comments on social media.
Prevention
As the saying goes, prevention is better than cure and the more that a company can do to stop bullying from happening in the first place the better for all concerned. The best place to start is to have an anti-bullying policy. If your company doesn’t have such a policy then make it a priority. If you do have a policy then it is important that it is clear and conveys a zero-tolerance approach to bullying. The policy should set out examples of what constitutes bullying so that staff are in no doubt about the types of behaviour which are unacceptable. It should also set out what will happen in the event of an allegation of bullying and the potential consequences for the perpetrator. As with any policy it should be communicated to all staff and should be accessible to them as and when needed. In order to embed the principles of the policy and set out a clear approach employers may also consider discussing the policy and company approach to bullying at the induction stage. Indeed, training is beneficial when it comes to preventing bullying at any point in time. Training could be delivered on the subject of bullying for all staff so that they understand what it is, how it makes people feel and what the repercussions are. Employers may also decide to deliver training to managers in how to deal with any bullying that they see or that is reported to them so that they understand how to apply the company policy and conduct thorough and fair investigations. By promoting your company’s approach to bullying, a bully is less likely to act if they know that the issue will be taken seriously. You could have a group of trained buddies who anyone affected by bullying can talk to. You can display posters in communal areas with anti-bullying messages on them and details of who to contact in the event of an incident, and simply keeping your eyes and ears open and dealing with any inappropriate comments or banter before they escalate is great prevention and sets the right tone for a positive working environment in which everyone is treated with dignity and respect.
Tackling Bullying
Sadly, despite everyone’s best efforts at prevention there will be occasions where some form of bullying does occur. In those instances it is vital that you act. Use the policy that you have already set out as your guide so that you take a measured, structed approach. Ensure that any reports of bullying in the workplace are treated seriously and are thoroughly investigated. This will give employees trust in your processes. It is critical that matters are dealt with promptly whilst also being fair and you should make sure to handle situations sensitively and confidentially. If after investigation it is believed that disciplinary action is necessary then any sanctions that are imposed should be consistent and should reflect the seriousness of the bullying. The wellbeing of the victim of the bullying must also be taken into account and it is important to offer then any additional support which may be needed. That could be via talking informally to a trained colleague or by signposting them to your employee assistance programme or other trained professionals.
Consequences
If bullying occurs in the workplace and isn’t tackled correctly then it can lead to a number of consequences for an employer. The victim could make a claim to a tribunal if they feel that the bullying was discriminatory or that it forced them to leave their role. If bullying is seen to be accepted then it may become more widespread and that can have a hugely detrimental effect on the wellbeing of your employees. This will lead to increased staff absence, staff being demotivated and disengaged and that then impact on productivity, profit and even customer satisfaction. Employers could start to experience problems with recruitment and retention if a culture of bullying exists and they may also face reputational damage if the issue becomes more widely known.
Ultimately people want to, and have the right to, work in a happy and safe environment. By effectively tackling bullying and preventing it from happening in the first place employers will create a workplace in which their staff feel happy, positive and secure.
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Why not also check out our blog on a similar topic Bullying and harassment, is there a difference?
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