Effectively Challenging Workplace Bullying

With staff mental health wellbeing a priority now more than ever, employers are increasingly recognising the need for effective measures to be put in place to challenge and respond to bullying.

What is Workplace Bullying?

There is no specific definition of bullying under UK law. ACAS describes bullying as “offensive, intimidating, malicious or insulting behaviour" or "an abuse or misuse of power through means that undermines, humiliates, or causes physical or emotional harm to someone”. Bullying can include physical or verbal acts, and can happen at work or outside work (for example on social media). A link to a protected characteristic is not required, although in certain circumstances there will be such a link and bullying might also count as discrimination, harassment or victimisation in law.

Effective Policies

An organisation's culture and values should be reflected in its workplace policies. If an employee experiences bullying in the workplace, it is important that they know how to report it. Employers should have a clear policy in place outlining the steps that employees should take if they experience bullying. The policy should also provide details of the support available to employees, such as counselling or access to an employee assistance programme.

Investigating a Complaint of Bullying

If your organisation receives a complaint of workplace bullying, it is important to take prompt and decisive action. You should reassure the person they are being taken seriously and explore what immediate support you can offer. At the same time, you must take care to avoid speaking in a way that could be construed as pre-empting an investigation outcome and/or any formal process that may follow.

You will need to investigate the complaint. You should consider who is best placed to carry out the investigation and whether the investigation will take place under a formal procedure such as the grievance procedure (depending on the circumstances this may not always be necessary or appropriate). In appointing an investigator you should reserve appropriate senior colleagues to hear any potential disciplinary hearing that may follow. If there is no obvious internal colleague who could be appointed to investigate the complaint, you may wish to appoint an external investigator instead.

Determining Next Steps

Once the investigation is complete, it will be necessary to determine next steps. These could involve a disciplinary hearing if the investigator finds there is a case to answer. Other common outcomes include workplace mediation in order to repair the relationship between the parties. There may also be a training need identified, either for the individual parties or for the wider staff body as a whole.

Reflecting on Lessons Learned

Following a complaint of workplace bullying, it is good practice to reflect on what lessons have been learned and how similar complaints might be avoided in future. It might be helpful to focus attention on workplace culture and positive staff interactions generally, for example by ensuring managers lead by example in the way they treat staff. In all cases, employers should aim to address issues sensitively, pro-actively and pragmatically in order to resolve the complaint to the satisfaction of all parties.

For more information, please contact Caitlin Anniss, Director at Narrow Quay HR on 07909 683 938 or Gareth Edwards in our Employment law team on 0117 314 5220.