What is workplace bullying?

Bullying can involve arguments and rudeness but it can also be much more subtle – excluding and ignoring people and their contribution, unacceptable criticisms and even overloading people with work are forms of bullying.

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.

Other 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);
• Ridiculing or demeaning someone – picking on them or setting them up to fail;
• Unwelcome sexual advances – touching, standing too close, the display of offensive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected;
• Making threats or comments about job security without foundation;
• Preventing individuals progressing by intentionally blocking promotion or training opportunities.

Keep a diary

It’s known as a “contemporaneous record” and will be very useful if you decide at a later stage that you want to take action.

Try to talk calmly to the person who is bullying you and tell them you find their behaviour unacceptable. Often bullies retreat from people who stand up to them. Have an ally with you when you do this, if necessary.

What can you do?

Bullying and harassment are often clear cut but sometimes people are unsure whether or not the way they are being treated is acceptable.

Try to talk to colleagues to find out if anyone else is suffering, or if anyone has witnessed what has happened to you – avoid being alone with the bully or harasser.

If you are reluctant to make a complaint, go to see someone with whom you feel comfortable to discuss the problem. This may be your manager or someone in personnel (particularly if there is someone who specifically deals with equality issues), your trade union representative, or a counsellor if your organisation has suitably trained people available.

If you cannot confront the bully, consider writing a memo to him or her to make it clear what it is you object to in their behaviour. Keep copies of this and any reply.

The legal position

Employers are responsible for preventing bullying and harassing behaviour. It is in their interests to make it clear to everyone that such behaviour will not be tolerated — the costs to the business may include poor employee relations, low morale, inefficiency and potentially the loss of staff.

An organisational statement to all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others.

The employer should also have a policy in place letting people know that bullying or harassing behaviour is not permitted, and in the event of such behaviour the steps that will be taken to eradicate the unwanted behaviour. It will also highlight what internal action can be taken by you against the perpetrator(s) of the bullying and harassing behaviour.

Unfair dismissal

Employers have a ‘duty of care’ and to provide a ‘safe system of work’ for all their employees.

If the mutual trust and confidence between you and your employer is broken – for example, through bullying and harassment at work – then you may resign and claim ‘constructive dismissal’ on the grounds of breach of contract (as long as you have worked for your employer for 12 months). Employers are usually responsible vicariously in law for the acts of their workers.