Bullying And Harassment

Bullying and harassment

Table of contents

Bullying and harassment 2
Introduction 2
What is meant by bullying and harassment? 3
Why does bullying and harassment occur? 4
The impact of bullying and harassment 4
Recognising bullying or harassment 5
Preventing bullying and harassment 6
Drawing up an anti-bullying and harassment
policy 6
Dealing with bullying and harassment claims 7
Here's how I developed an anti bullying and
harassment policy 8
Helplines 9
Related guides on businesslink.gov.uk 9
Related web sites you might find useful 9

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Subjects covered in this guide
Introduction
Introduction
Bullying and harassment in a workplace are
What is meant by bullying and harassment? serious matters, and employers are
responsible for taking reasonable steps to
Why does bullying and harassment occur? prevent such behaviour.

The impact of bullying and harassment The anti-discrimination legislation makes it
unlawful in employment or vocational
Recognising bullying or harassment
training to harass someone on the grounds
Preventing bullying and harassment of:

Drawing up an anti-bullying and harassment • sex
policy • marital status
• gender reassignment
Dealing with bullying and harassment claims • race
• disability
Here's how I developed an anti bullying and • religion/belief
harassment policy • sexual orientation
• age
Helplines

Related guides on businesslink.gov.uk The Sex Discrimination Act also explicitly
outlaws sexual harassment.
Related web sites you might find useful
Bullying and harassment are unacceptable
on moral grounds and may, if they are
allowed to go unchecked or are badly
handled, create serious problems for your
You can find this guide by navigating to: business. Harassment is also against the
law and can result in an employment
Home > Employing people > Disciplinary tribunal or other civil claims against the
problems, disputes and grievances > employer and large awards in
Bullying and harassment compensation.

Bullying and harassment can also have a
bad effect on your business in other ways,
including poor performance, low staff morale
and poor employee relations, loss of respect
for management, increase in absence,
higher staff turnover and damage to your
business' reputation.

What is meant by bullying and


Harassment is defined as any unwanted
harassment? conduct on the grounds of race, age, etc
that has the purpose or effect of:
Harassment - in relation to employment -
has a legal definition, but bullying does not.
• violating the dignity of an individual
Bullying • creating an intimidating, hostile,
degrading, humiliating or offensive
There is no single legal definition of bullying, atmosphere for an individual
but it can include:
The definition of harassment in relation to
• offensive or insulting behaviour by sex is slightly broader - an employee can
another employee which makes an claim harassment even if the harassment
individual feel threatened, or taken was not actually directed at them, eg where
advantage of a female worker overhears a female
• humiliation of an employee colleague being verbally harassed by a male
• less obvious ways of making an colleague and it violates their dignity.
employee feel frightened or
demoralised It is also important to note that, while sexual
harassment is commonly committed by a
Some common forms of bullying are: man against a woman, it can also be
committed by a woman against a man, by a
man against another man or by a woman
• verbal abuse - eg persistent taunting
against another woman.
• physical violence or violent gestures
• public humiliation of an employee
Sexual harassment is defined as any form
of unwanted verbal, non-verbal or physical
However, bullying can be more subtle, such
conduct of a sexual nature that has the
as:
purpose or effect of:

• giving someone an impossible
• violating an individual's dignity
deadline
• creating an intimidating, hostile,
• removing an employee's
degrading, humiliating or offensive
responsibilities and giving them more
environment for an individual
menial tasks
• withholding information or giving
false information It can also occur when an individual rejects
the unwanted conduct mentioned above
Harassment and, as a result, is treated unfairly.

Harassment on the grounds of sex, marital You can read a factsheet on harassment
status, gender reassignment, race, and the sex discrimination legislation on
disability, religion/belief, sexual orientation the Government Equalities Office (GEO)
and age, along with sexual harassment, is website - Opens in a new window.
explicitly prohibited in employment and
vocational training.



• a rigid style of management
Examples of harassment include: • lack of procedure for resolving
problems
• embarrassing or otherwise offensive
jokes If bullying and/or harassment is a problem in
• unwelcome physical contact or your workplace, try to find out why it's
sexual advances happening before taking action.
• the expression of racist, homophobic,
etc views
• lewd comments and innuendo For example, if a number of employees
• the sending of offensive emails, text have started to complain of being on the
messages, etc receiving end of sexist jokes, it may be that
• displays of pornographic material there is a culture of sexist banter in your
workplace. If so, you could:
It is possible that some incidents of
harassment may not be covered by the • take informal disciplinary action
anti-discrimination legislation. However, if an against those telling the jokes, eg
employer fails to deal with any form of verbal or written warnings
harassment, the victim could resign and • remind all your staff about your
claim constructive dismissal. See the page bullying/harassment policy, eg that
in this guide on the impact of bullying and bullying and harassing colleagues is
harassment. a serious disciplinary matter

It is good practice for employers to have a See the page in this guide on dealing with
bullying and harassment policy giving bullying and harassment claims.
written examples of what is unacceptable
behaviour in their organisation. See the
page in this guide on drawing up an The impact of bullying and
anti-bullying and harassment policy. harassment
Employers should be aware of the potential
Why does bullying and legal implications of bullying and
harassment in the workplace.
harassment occur?
Bullying and harassment may occur Harassment of an employee can amount to:
because of underlying problems in the
workplace such as: • unlawful discrimination on the
grounds of race, sex, marital status,
• poor job design and work gender reassignment, disability,
relationships religion/belief, sexual orientation or
• lack of accountability age
• the existence of a particular culture • a breach of contract, ie a breach of
at work one of the implied terms of any
• an over-competitive environment employment contract, such as the
• fear of redundancy duty to provide a safe working



environment or to maintain trust and
confidence in the employer Bullying and harassment can often be hard
• a criminal offence for employers to recognise, particularly as it
may not be obvious to colleagues of the
person being bullied or harassed.
You could be liable for the actions of your
employees unless you have taken
reasonable steps to prevent bullying or This may be because:
harassment. Action could still also be taken
against you even after a person has left your • the harassment or bullying is done in
employment. You could even be responsible subtle ways
for the actions of third parties, eg clients or • staff may think it's part of the 'culture'
customers, where they are within your of the workplace
control.
An individual may also be too frightened to
You could also be held liable for harassment report an incident.
if you fail to prevent a third party, eg a
customer, repeatedly harassing an A good employer should be aware of this,
employee. Note that the harasser does not and keep an eye out for some of the
have to be the same person on each possible signs of bullying and harassment.
occasion.
Signs may include:
See our guide on how to prevent
discrimination and value diversity.
• absenteeism - if this is more
frequent, or for longer periods than
Bullying and harassment can also have a usual
serious adverse effect on the success of the • high staff turnover - especially if it
business leading to reduced productivity and occurs in a particular section or
profits. This is because bullying and where staff work for a particular
harassment can cause: manager
• stress symptoms - including fatigue,
• low morale and poor employee anxiety, depression, immune system
relations suppression, aches, pains,
• loss of respect for managers numbness and panic attacks
• reduced productivity and profits • a change in an individual's behaviour
• increased absenteeism and turnover or performance at work
of staff
• damage to the image of the business Bullying and harassment may be carried out
• employment tribunal or other civil face-to-face. However, it may be done in
court claims - see our guide on more underhand ways, such as:
handling employment tribunal
claims
• by letter
• electronically, by email
Recognising bullying or • by phone
• at work-related social functions
harassment


• You keep note of complaints so you
See our guide on how to manage absence can detect any patterns of
and sickness. inappropriate behaviour. Remember
that an absence of any complaints
does not necessarily mean that
Preventing bullying and bullying and harassment is not going
harassment on.
• You review the policy from time to
Employers are responsible for preventing time to make sure it's working
bullying and harassment, so it is in your properly.
interest to have a policy to avoid it and put
procedures in place to implement the policy.
See the page in this guide on drawing up Drawing up an anti-bullying and
an anti-bullying and harassment policy.
harassment policy
It is your responsibility to make sure that any Ideally you should draw up a bullying and
policy has been properly implemented, is harassment policy in consultation with staff
understood by staff and is being used and and/or their representatives.
monitored properly. If a tribunal believes that
all reasonable steps have been taken by the For example, trade unions may help you as
employer to prevent bullying and they may well have experience in handling
harassment, it may escape liability. bullying and harassment cases.

You should make sure that:
Your policy on bullying and harassment
• All the management team are seen could include:
to be fully committed to the policy.
• You identify who is in overall charge, • An explanation of what the terms
and in day-to-day charge, of mean and that harassment covers all
implementing the policy. the areas protected by
• You have set aside time to train anti-discrimination laws. See our
those in charge on their guide on how to prevent
responsibilities. discrimination and value diversity.
• The policy covers all the areas • Examples of behaviour that could be
covered by anti-discrimination law. considered bullying and harassment.
See our guide on how to prevent • A statement that bullying and
discrimination and value diversity. harassment will not be tolerated, and
• The policy is linked to other could result in the bully or harasser
disciplinary and grievance being subjected to disciplinary action,
procedures and any appraisal which may result in dismissal.
system for managers. • A statement pointing out that bullying
• You use all appropriate ways to and harassment will not be tolerated
advertise the policies to your at work-related events, eg Christmas
workforce including any induction parties, training courses - even if
process. they are away from the normal



workplace.
• Details of the procedures to be issuing a policy that:
followed if bullying and/or
harassment occurs, including both • encourages victims of bullying or
informal and formal approaches and harassment to come forward, in a
relevant timescales that should be way that provides a way to bypass
linked to your discipline and the bully or harasser
grievance procedures. • combines an informal route to
• Assurance that any complaint will be complain within a formal procedure
taken seriously, treated confidentially to be used when the matter cannot
and that employees making be resolved informally and balances
complaints will be protected from the interests of the victim and the
retaliation. alleged bully/harasser
• Assurance that a thorough and fair • tells staff and trains managers as to
investigation of a claim will take what they should do if they become
place. aware of someone being bullied or
• A statement that there will be a right harassed - see the page in this guide
of appeal. on drawing up an anti bullying and
• Sources of guidance and support. harassment policy

You should also include: Bear in mind that a claim could be malicious
- to investigate it thoroughly and fairly you
• the name of the person the employee should:
should contact if they are being
bullied or harassed • if possible use an impartial, trained
• an alternative name in case this investigator
person is unsuitable, for example • consider suspension of the alleged
because they are the employee's bully or harasser on full pay while the
manager investigation is carried out
• allow both parties to be accompanied
Read a draft bullying and harassment to a hearing by a representative of
policy agreement on the UNISON website their choice
- Opens in a new window. • make it clear that both parties have
the right of appeal

Dealing with bullying and When you are dealing with a case of
bullying and harassment, decide carefully
harassment claims what action you are going to take - whether
You should take bullying or harassment against the complainant or bully/harasser.
complaints seriously as you can be held This could be:
liable for harassment suffered by your
employees at work or at work-related • counselling or training
events. Therefore, you should know, and • an informal or formal warning
make known to your employees, what • suspension
approach you will take, for example, by • transfer - only the guilty party should



be transferred
Recognise the need for a formal policy
• dismissal
"We recently reviewed all our policies, to
Trade unions may have a role in cases of make sure we were legally up to speed and
bullying and harassment. They can provide: to reflect the growth of the business. We
also wanted to build on our culture of
• support for claims openness and good communication.
• guidance and support for the
complainant or the alleged bully or "One area that hadn't been properly
harasser addressed was bullying and harassment.
• accompaniment to hearings The management team decided to develop
• help in eliminating a bullying culture a formal bullying and harassment policy, not
because we had a problem in that area, but
because we wanted staff to know where
Here's how I developed an anti they stood."
bullying and harassment policy
Write a policy
Elizabeth-Anne Williams
"We gathered information from sources like
Sefton Park Palm House Preservation the Acas website and also used a model
Trust - Opens in a new window policy supplied by Tourism HR to get us
started. The document sets the scope of the
policy upfront and explains why it's
Elizabeth-Anne's top tips: important. For example it aims to give
employees a clear sense of what behaviours
• "Involve staff as much as possible."
are acceptable and what are not, to support
• "Be clear about why you're
and protect them in the workplace and to
introducing a policy and underline
encourage teamwork.
management commitment to it."
• "Communicate the messages in a
variety of ways." "The policy also includes sections on the
principles behind the policy, legal
responsibilities and the procedures to be
The Sefton Park Palm House Preservation followed in the event of an allegation. For
Trust was formed in 1996 to restore and example, it's important to show how it
develop a Grade II listed Victorian palm dovetails with related policies such as
house in Sefton Park near Liverpool. The disciplinary and grievance procedures.
Trust raises income through commercial
hires of the building, to ensure a sustainable "We included examples of what constitutes
future and support the development of an bullying and harassment. We especially
events programme for visitors. Director wanted to highlight the less obvious forms,
Elizabeth-Anne Williams describes how a such as circulating offensive jokes or
review led to the introduction of a new policy consistently setting unachievable deadlines.
to prevent workplace bullying. We also developed a simple flow-chart to
show the lines of reporting and procedures
What I did at-a-glance."



Communicate with staff Prevent discrimination and value
diversity | Set up employment policies
"For staff to have faith in a bullying and for your business | Handling
harassment policy you have to involve them disciplinaries | Handling employment
and make it more than just a document. We tribunal claims | How to deal with stress |
consulted staff about the new policy via Manage absence and sickness | Work
team meetings and individual discussions to effectively with trade unions | Here's how
make sure they understood the principles asking employees for ideas improved our
and procedures involved. business | Here's how a diverse
workforce has helped my business |
"We've made the policy very much a part of
our company culture and we look for ways
to reinforce the message during day-to-day Related web sites you might find
activities. Having the policy in place has
already proved useful. Not only does it useful
support our goal to create an open and Bullying and harassment at work
team-spirited environment, we've actually guidance (PDF, 232K) - Opens in a new
referred to it formally to help resolve a minor window
incident."
Tackling bullying at work for employers
What I'd do differently on the Andrea Adams Trust website -
Opens in a new window
Introduce a policy sooner
"We believe our bullying and harassment Resolving conflict online courses on the
policy is thorough and comprehensive and learndirect business website - Opens in a
sets clear guidelines for acceptable new window
behaviour. In an ideal world, we would have
put it in place from day one." Download guidance on dealing with
bullying at work from the Chartered
Institute of Personnel and Development
website (PDF, 550K) - Opens in a new
Helplines window
Andrea Adams Trust Helpline
Harassment and sex discrimination
01273 704900 legislation factsheet on the Government
Equalities Office website - Opens in a
new window
Acas Helpline
08457 47 47 47 Stress at work advice on the Acas
website - Opens in a new window

Draft bullying agreement on the UNISON
Related guides on website - Opens in a new window
businesslink.gov.uk

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