Anti-bullying week: Respect

The Anti-bullying Alliance defines bullying as “The repetitive, intentional hurting of one person or group by another person or group, where the relationship involves an imbalance of power. Bullying can be physical, verbal or psychological. It can happen face-to-face or online”. 

Unfortunately, bullying goes beyond the playground. Not only does it have a detrimental effect on the individual, it can have a detrimental impact on the workplace and even lead to claims.

Banter is a classic example. Whilst some individuals may feel it is harmless fun, the recipient may feel isolated, embarrassed and upset by such comments or behaviour.

This year the focus is “choose respect” to highlight how every individual is different and why it is important to respect our differences and understand them rather than alienate someone for being different.

Left unaddressed, bullying can result in an individual resigning and claiming constructive dismissal. The same can apply where complaints of bullying are badly handled by management.

If the bullying is because of, associated with, or because they are perceived to have a protected characteristic, such as based on sex, race, disability, age, being married or in a civil partnership, sexual orientation, gender reassignment, religious or philosophical belief, pregnancy or maternity or then this may also amount to discrimination for which the employer and the individuals involved with the discrimination, can be held liable.

As an employee subjected to bullying, first communicate with the bully themselves if you feel able to do so, whether that is to ask them to stop or to take down a post that you find hurtful. Should this not work, raise an informal concern or formal grievance with your manager (or their manager if the bullying involves them) so it can be investigated and resolved.

As an employer, if you receive a complaint of bullying, harassment or discrimination, put in place arrangements to support the individual concerned and investigate the complaint. Sometimes, a quiet word may be all that is needed. On other occasions a formal grievance process (and disciplinary process) may need to be followed.

Employers should have in place grievance and anti bullying policies and procedures. They should deal with concerns sensitively and swiftly in accordance with your procedures. Managers should be trained on how to handle such issues and address concerns. Failure to do so not only damages a company’s reputation and staff morale but may result in very costly claims. Constructive unfair dismissal claims can reach up to £136,115 now. Discrimination claims are unlimited. Labour has plans to widen the ability for employees to claim unfair dismissal so the risk of claims is only going to increase in the future. Take action to ensure staff are aware of what is required of them and not only will you avoid claims, you will become an employer of choice.

Our Employment Team at Lupton Fawcett LLP is a multi-awarded team which can give specialist advice on any employment matter affecting you or your business. If you would like some advice on any issues raised in this article or generally  please do not hesitate to get in contact with a member of our Team who will be able to advise you on  0333 323 5292 or law@luptonfawcett.law