Employment Law Advice

Bullying and Harassment

There is a lot of confusion in the workplace between the two and this article tries to set out the difference between the two. There is more detailed information available from www.acas..org.uk and of course you can always email me at SMman@aol.com for more guidance.   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.

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.

Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.

Examples of bullying/harassing behaviour include:

  • spreading malicious rumours, or insulting someone by word or behaviour (particularly on the grounds of age, 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, the 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 also occur in written communications, email, phone, and automatic supervision methods such as computer recording of downtime from work or the number of calls handled if these are not applied to all workers.

Bullying and harassment make someone feel anxious and humiliated. Feelings of anger and frustration at being unable to cope may be triggered. Some people may try to retaliate in some way. Others may become frightened and demotivated. Stress, loss of self-confidence and self-esteem caused by harassment or bullying can lead to job insecurity, illness, absence from work, and even resignation. Almost always job performance is affected and relations in the workplace suffer.

An employee cannot bring an action at a tribunal for bullying in itself but may be able to through using one of the discrimination criteria set out above under the definition of harassment. Remember should they be successful the potential for damages is unlimited. It is essential not only to have an anti-harassment policy in place see my article elsewhere on this website but also to encourage a culture when any bullying or harassment actions are not tolerated, you the employer set the example, and employees feel free and unthreatened to approach you with any concern they may have.

 

Michael Newman