Workplace Bullying and Harassment

Whilst bullying and harassment in the workplace is clearly something no organisation wants to see happening in their own back yard the law can actually confuse the matter further because bullying in the workplace is not actually unlawful but harassment is. However, employers are expected to have a zero tolerance towards bullying and harassment and to take action when it has been identified to protect working relationships.

Bullying and harassment can take different forms, some highly aggressive and obvious whilst others can be more subtle and less obvious. Bullying is rarely isolated and is often a pattern of behaviour where a number of incidents demonstrate that it is taking place. For ACAS, the Advisory, Conciliation and Arbitration Service, bullying and harassment in the workplace may 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, 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
• deliberately undermining a competent worker by overloading and constant criticism
• preventing individuals progressing by intentionally blocking promotion or training opportunities.

Harassment should not be tolerated in the workplace and under the Equality Act 2010 it is unlawful and whilst an employer has a duty to implement the act it is not required in law to have a policy regarding bullying and harassment. That said, it is certainly good practice to do so and most human resources departments will have one in place in order to be very clear on what is and what is not acceptable so workplace bullies can be held to account.

It is often useful for an EDI lead to examine the records of bullying and harassment claims/allegations in an organisation to see if there is a wider issue that requires intervention, training or policy changes in order to reduced such incidents.

JD