Bullying and Harassment in the Workplace
Bullying and harassment is a persistent challenge for employers to deal with in the workplace. The existence of bullying and harassment can affect employee wellbeing and productivity and even lead to claims against the employer. It is therefore essential employers understand their obligations and address complaints of bullying and harassment accordingly.
What is bullying and harassment?
- Bullying refers to offensive, intimidating, malicious, or insulting behaviour that undermines or humiliates an individual. This can include unfair treatment of the employee or denying them training or promotion opportunities.
- Bullying itself is not unlawful but can lead to a breach of the employers duty to protect employees from harm. It may also result in a breach of trust giving grounds to the employee to resign and claim constructive dismissal.
- Harassment is unlawful and defined under the Equality Act 2010 as behaviour relating to a protected characteristic such as age, race, sex, disability, religion, or sexual orientation.
- Employers have a duty to take reasonable steps to prevent sexual harassment in the workplace. It is important for employers to act before an incident of sexual harassment happens. This duty extends to harassment committed by a third party if the employer was aware of the harassment but failed to protect the employee.
Pro-active steps for employers to take
Employers must ensure that their employees feel supported and safe when reporting a complaint of bullying or harassment. To limit the risk of an employee bringing a claim for breach of duty, employers should follow their grievance and disciplinary policies and conduct the necessary investigations.
Employers can defend a claim for breach of their duty if they can show they have taken reasonable steps to prevent the harassment. Reasonable steps would include:
- Implementing robust and well-communicated anti-bullying and harassment policies which clearly state the behaviours expected by employees and clear procedures for reporting a complaint.
- Fostering a respectful and inclusive workplace culture based on acceptance of every individual.
- Training team leaders and managers in advocating appropriate and healthy behaviours in the workplace.
Creating a safe and inclusive environment in the workplace requires more than the existence of policies. Failure to take preventative steps can result not only in legal consequences but also reputational damage and loss of talent.
For further advice and assistance in Employment Law matters please do not hesitate to contact Natalie Peacock at natalie.peacock@rogers-norton.co.uk
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*This article is provided for general information purposes only and does not constitute legal or any other professional advice.