Bullying and Harassment in the workplace
A safe and respectful work environment is essential for the well-being and productivity of employees. Unfortunately, workplace bullying, and harassment can undermine this environment, significantly negatively impacting individuals and organizations.
Understanding Workplace Bullying and Harassment:
Workplace bullying refers to unwanted behaviour that creates an intimidating, hostile, or offensive work environment. It can manifest in various forms, including verbal abuse, threats, humiliation, exclusion, unjust criticism, offensive jokes or very personal questioning. If the bullying is in relation to a protected characteristic, such as age, disability, gender, race, religion, sexual orientation, or gender reassignment, it may be legal harassment. If the harassment is very serious such as a physical or sexual threat it may even be criminal behaviour.
Legal Framework and Employee Rights:
The Equality Act 2010 prohibits harassment and discrimination based on protected characteristics.
Employers need to provide a safe and inclusive workplace free from bullying and harassment. This includes taking proactive measures to prevent such behaviours, implementing policies, and providing appropriate training.
Policies and Procedures: Employers should establish clear policies and procedures to address workplace bullying and harassment. These policies should outline definitions, reporting mechanisms, and disciplinary actions. Employers must communicate these policies effectively to employees and ensure they are readily accessible.
Prevention and Awareness: Employers should take proactive measures to prevent bullying and harassment. This includes providing training to employees and managers on recognizing, preventing, and addressing such behaviours. Employers must create a culture that encourages respect, inclusion, and open communication.
Prompt and Thorough Investigations: Employers are responsible for conducting impartial and thorough investigations when a complaint is raised. This involves collecting evidence, interviewing relevant parties, and taking appropriate action based on the findings.
Avenues for Redress:
Informal Resolution: Employees are encouraged to address workplace bullying or harassment initially through informal channels. This may involve speaking to the individual directly, discussing concerns with a supervisor or manager, or seeking mediation to resolve the issue.
Formal Grievance Procedure: Employees can raise a formal grievance following the employer’s established procedures if the informal approach fails or is inappropriate. This involves submitting a written complaint outlining the details of the bullying or harassment incident and any supporting evidence.
Legal Action: If internal resolution attempts do not provide satisfactory outcomes, employees may seek legal advice and pursue a claim through an employment tribunal. Employment tribunals have the power to investigate complaints, award compensation, and provide redress for victims of bullying or harassment.
If you are facing bullying or harassment at work, or are an employer dealing with such a situation or would like help preparing policy documents please call 0208 446 6223 to speak to someone on our employment team or email enquiries@sr-law.co.uk.
