ACAS (The Advisory, Conciliation and Arbitration Service) reports that workplace bullying and harassment complaints have steadily increased in the UK since 1998.
Although remote working is likely to have provided a welcome break and distance from workplace harassment for some employees during lockdown, studies have shown that workplace bullying hasn’t stopped during lockdown, it has unfortunately just moved online. This is one of the many reasons employees may be apprehensive about a physical return to the office and being back in close proximity of their harasser.
Harassment
Under the Equality Act 2010, Harassment is defined as “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”.
Examples of unwanted conduct include:
- Spreading malicious rumours
- Unfair treatment
- Overbearing supervision/misuse of power
- Threats or abuse (spoken or written)
- Pranks, jokes or teasing
- Exclusion or victimisation
Protected characteristics are:
- Age
- Disability
- Gender Reassignment
- Marriage/Civil Partnership
- Pregnancy/Maternity
- Race
- Religion or belief
- Sex
- Sexual Orientation
Bullying
Bullying can be defined as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injury the person being bullied”.
Cyber-bullying
Cyber-bullying refers to “the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature”. It takes place over digital devices like mobile phones and computers and can occur via offensive email, social media posts or text messages.
Although bullying and harassment include similar behaviour, the difference is that bullying does not have a legal definition under the Equality Act 2020. However, victims of bullying are still protected under law.
The Health and Safety at Work Act 1974 provides that employers have a duty of care which includes ensuring that employees do not suffer bullying at work. The Management of Health and Safety at Work Regulations 1999 provides that employers must assess the nature and scale of workplace risks to health and safety, ensuring proper control measures are in place to avoid and reduce the risks where possible.
How can employers tackle workplace bullying and harassment?
Employers should be aware of their legal and moral responsibilities in respect of workplace bullying and harassment, whether this takes place in the physical workplace or remotely.
It is important that employers promote a culture where their employees are not afraid or prevented from speaking up and ensure there are clear and effective policies in place for supporting victims and dealing with perpetrators.
If an employee raises a complaint about bullying or harassment, depending on the seriousness of the allegations, the employer may try and deal with it informally in the first instance, or as a formal grievance. This may include considering disciplinary action against the perpetrator.
If an employer fails to deal with harassment and bullying in the workplace, the employee may resign and claim constructive dismissal.
A workplace with a culture of bullying can damage working relationships and lead to higher absenteeism and low morale, productivity and employee retention rates.
For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.