Bullying In The Workplace Law & How To Deal With Bullies In The Workplace

Bullying in the work place is unwanted behaviour towards someone that can make them feel like their dignity is violated in some way, making them feel intimidated, humiliated and unsafe in their working environment.

Below is a brief list of bullying examples at work:

• physical threats or abuse
• offensive emails, tweets or comments on social media
• physical behaviour, including physical gestures and facial expressions
• jokes, teasing and pranks
• spreading rumours
• insulting behaviour
• exclusion
• constant criticism

If someone is the victim of workplace harassment and bullying due to the following, this is a breach of the Equality Act 2010 and will amount to unlawful discrimination. Harassment and bullying in the workplace legislation covers:

• age
• disability
• gender reassignment
• race
• religion or belief
• sex
• sexual orientation

Bullying in the workplace usually gets thought of as something carried out over time, such as a long and deliberate bullying campaign. That is not always the case; workplace abuse and harassment can be one-off incidents, such as making a racist comment that some try to pass off as ‘work banter.’

In certain situations, bullying in the workplace amounts to a criminal act, depending on the bullying circumstances. In a workplace setting, for example, sexual harassment can be in the form of suggestive remarks, circulating pornography, or making offensive jokes of a sexual nature. However, employee harassment and inappropriate touching of a sexual nature without consent will constitute sexual assault. If in doubt as to what is considered legal or illegal, please seek legal advice for bullying in the workplace from one of our Avensure legal experts.

You can expect your employees to behave like adults; some will inevitably not get on. However, you must provide a non-offensive and safe working environment. It includes your responsibilities regarding health and safety by way of workplace hazards. It ensures employees are not subjected to a hostile working environment that bullying and harassment at work can create.

Banter is commonplace and usually not a problem, but it is also often the source of harassment allegations.

No. It would be unreasonable to ask employees not to talk and have ‘work banter’ as it’s a natural part of working with others in a work environment. It would also be impossible to police and cause more problems than it aims to solve by creating a hostile environment. Employees need to work in a pleasant atmosphere to be productive. Still, they also feel that employers will take anyone reporting bullies in the workplace seriously and listen to any complaints.

Be proactive rather than reactive about bullies in the workplace. Get advice from our experts on ensuring you have the best policies and procedures to ensure your employees know your standards on harassment. At workplace gatherings or in the workplace, employees need to know how to raise concerns and deal with the situation.

I already have procedures in place, so if one of my staff members makes a workplace harassment complaint, whether it is emotional bullying at the workplace or workplace violence, that means the company is protected, isn’t it?

Not necessarily. A workplace harassment and bullying or grievance procedure in an employee handbook that does nothing more than gather dust is the same as not having policies.

Take the opportunity to redistribute bullying policies in the workplace, and regularly ensure that those responsible for managing people know how to act and seek advice immediately should workplace abuse occur.

Also, as a business owner, prevent bullying by setting an example for your staff and keeping your behavioural standards high.

An employment tribunal awarded an employee who worked in sales over £2,000 for office banter that spilt over into racial harassment.

The tribunal accepted that the office environment was one where they used ‘healthy work banter’, but the claimant, a Sikh of Indian origin, was harassed when he was called a ‘monkey’ during a golf match at which they discussed business matters.

The employer did have an employee’s mistreatment and bullying policies in the workplace, but there was ‘no satisfactory guidance, training, monitoring and policing of this policy.

This case spotlighted workplace harassment as a one-off event and showed how it can also be discriminatory. It also illustrated the problems of failing to deliver policies effectively.

REMEMBER- A discrimination investigation can lead to uncapped compensation awards in employment law! The cost of getting this wrong is higher than getting the advice you need from our experts.

We can see that what constitutes bullying at work takes many forms; it can be carried out over time or be a one-off incident. The impact can be costly regarding tribunal claims for constructive dismissal and discrimination under the Equality Act 2010.

Where bullying at the workplace exists and goes unchallenged, you will find yourself with lost productivity from employees, a lack of respect for management, poor working relationships, poor morale and a high staff turnover. It can be very costly for your company to be on the receiving end of legal action for bullying in the workplace. So, consider seriously any potential suing for bullying in the workplace, and understand the law.