Omar Bennett
Bullying and harassment are common issues in the workplace, and they can significantly affect employees' mental health and performance. While bullying itself is not illegal, harassment is unlawful under the Equality Act 2010 if it relates to a 'protected characteristic' such as age, disability, race, religion, or sex. Bullying may also be covered by other laws, such as the Employment Rights Act 1996, the Protection from Harassment Act 1998, and the Health and Safety at Work etc Act 1974. Employers are responsible for creating a safe workplace, free from bullying and harassment, and can be held liable for any harassment suffered by their employees. Employees who experience bullying or harassment should first try to resolve the issue informally and then follow their employer's grievance procedure if the problem persists.
| Characteristics | Values |
|---|---|
| Legal Definition | Bullying is not specifically defined or prohibited by law, but harassment is unlawful under the Equality Act 2010. |
| Description | Bullying is described as unwanted behaviour that abuses or misuses power to undermine, humiliate, or harm someone. |
| Responsibility | Employers are responsible for creating and maintaining a safe workplace, free from bullying and harassment. They are liable for any harassment suffered by their employees. |
| Action | Employees should first try to resolve the issue informally. If this doesn't work, they can make a formal complaint using their employer's grievance procedure or take legal action. |
| Support | Organisations like ACAS, UNISON, and the National Bullying Helpline offer guidance, support, and resources to help address bullying and harassment in the workplace. |
| Prevention | Employers should implement anti-bullying and harassment policies, conduct risk assessments, and provide training to prevent and address bullying and harassment. |
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What You'll Learn
What constitutes bullying and harassment
Bullying and harassment are often confused and sometimes used interchangeably. While bullying itself is not against the law, harassment is unlawful under the Equality Act 2010. Bullying that is not classed as harassment could still lead to other legal issues, such as constructive dismissal.
Bullying can be described as unwanted behaviour from a person or group that is an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone. It can be difficult for someone in a senior role to realise they are experiencing bullying behaviour from their staff, but it is important to consider the real reasons for the behaviour. For example, there might be a wider issue with the organisational culture.
Harassment is defined as unwanted conduct that violates the dignity of people in the workplace or creates an intimidating, hostile, or offensive environment. This could include sexual harassment, which is unlawful or discriminatory, and employers have a duty of care to provide a safe working environment for their staff.
If you are experiencing bullying or harassment, you can try to speak to the bully or harasser directly, as they may not realise how their actions are affecting you. If you are unable to do this, you can ask a colleague or representative to raise it on your behalf. It is also important to keep a written record of all incidents, no matter how small they appear.
If informal approaches do not work, formal procedures should be triggered. Anti-bullying and harassment policies should be in place to prevent problems and clearly define what constitutes gross misconduct. Employers are responsible for creating and maintaining a safe workplace, free from bullying, intimidation, and harassment.
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Protected characteristics
While bullying itself is not against the law, harassment is. Under the Equality Act 2010, bullying behaviour can be classified as harassment if it relates to any of the following 'protected characteristics'.
Harassment based on these protected characteristics is unlawful and can take various forms, such as unwelcome conduct, verbal or physical intimidation, ridicule, insults, or other behaviour that creates a hostile work environment. For example, "sexual harassment" is a form of harassment that includes unwelcome sexual advances, requests for sexual favours, remarks about an individual's appearance, or jokes of a sexual nature.
It's important to note that protected activity includes reporting harassing conduct, discrimination, or retaliation. If an employee feels they are being harassed or bullied, they should first try to resolve the issue informally. If that doesn't work, they can make a formal complaint using their employer's grievance procedure or seek legal advice from organisations like the Advisory, Conciliation and Arbitration Service (ACAS). Employers are responsible for preventing bullying and harassment and can be held liable for any harassment suffered by their employees.
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Legal routes and laws
While bullying itself is not illegal, harassment is. Harassment occurs when unwanted behaviour is related to any of the following: sex, disability, race, age, religion, gender, or other 'protected characteristics'. The Equality Act 2010 states that bullying behaviour can be considered harassment if it relates to any of these protected characteristics.
In the UK, employees should first try to resolve the issue informally. If this does not work, they can make a formal complaint using their employer's grievance procedure. If the issue persists, legal action can be taken at an employment tribunal. Employers are responsible for preventing bullying and harassment and are liable for any harassment suffered by their employees. They have a legal duty of care to protect their employees from harm, which includes dealing with bullying issues.
In Australia, the Fair Work Act prohibits employers from taking adverse action against an employee for discriminatory reasons, including sex, race, religion, or gender. Adverse action can include firing or demoting someone. The Fair Work Commission (FWC) is the national workplace relations tribunal that deals with applications to stop bullying at work under the Fair Work Act. Small businesses may be eligible for free legal advice from the FWC's Workplace Advice Service.
In the US, there is no federal law specifically targeting workplace bullying. However, the Equal Employment Opportunity Commission (EEOC) states that employees are protected from workplace harassment by Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). Some individual states have also started to take action, with several adopting anti-bullying legislation proposed by law professor David Yamada. Additionally, the Workplace Bullying Institute has introduced the Healthy Workplace Bill (HWB) into 32 state legislatures, although no states have written it into law yet.
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Workplace culture
Organisation's Culture and Values
An organisation's culture should promote respect, dignity, equity, diversity, and inclusion. These values should be embedded in the workplace culture and reflected in the behaviour of both employers and employees. Organisations like UNISON actively campaign against bullying and harassment and advocate for dignified treatment of all employees.
Policies and Procedures
A robust workplace culture should include comprehensive anti-bullying and anti-harassment policies. These policies should outline what constitutes bullying and harassment, including specific examples of unacceptable behaviour. Additionally, clear procedures for reporting and addressing complaints should be established, with guidance on informal and formal resolution processes.
Training and Education
Management Support
Managers and leaders play a crucial role in fostering a supportive workplace culture. They should be easily accessible to employees and willing to listen and take appropriate action. Managers should also be trained to identify and address bullying or harassing behaviour, especially when it occurs between employees and managers (upward bullying).
Employee Empowerment
A healthy workplace culture should encourage employees to speak up without fear of retaliation. Employees should feel comfortable discussing their experiences with colleagues, safety representatives, stewards, or union representatives. Empowering employees to address issues early on can help prevent minor incidents from escalating.
Continuous Improvement
An organisation's workplace culture should be committed to continuous improvement and learning. Regular surveys, feedback mechanisms, and reviews can help identify areas of concern and address them proactively. This includes assessing the effectiveness of existing policies and procedures and making necessary adjustments.
By fostering a workplace culture that prioritises respect, dignity, and safety, organisations can effectively prevent and address bullying and harassment. It is essential to recognise that workplace culture is dynamic and requires ongoing effort to maintain a positive and supportive environment for all employees.
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Informal and formal procedures
Informal Procedures:
- Open Communication: Employees should first attempt to resolve the issue informally by speaking directly to the individual(s) involved. It is important to raise awareness and address the behaviour, as the perpetrator may not realise the impact of their actions.
- Involve Colleagues or Representatives: If speaking directly is uncomfortable or ineffective, the affected employee can seek support from colleagues, safety representatives, stewards, or union representatives (such as UNISON or ACAS) to raise the issue on their behalf or accompany them in meetings.
- Mediation: An independent third party, such as a mediator, can be utilised to facilitate a voluntary and impartial resolution process. This approach is suitable when both parties are willing to participate and the complaint is not too serious.
- Documentation: Keeping a written record or diary of all bullying or harassing incidents, including past occurrences, is crucial. Documentation can help establish a pattern of behaviour and strengthen any future formal complaints.
Formal Procedures:
- Employer's Grievance Procedure: If informal attempts fail to resolve the issue, employees should follow their employer's grievance procedure to make a formal complaint. This typically involves submitting a written complaint and participating in meetings or investigations.
- Legal Action: In cases where harassment is unlawful under the Equality Act 2010, or involves a breach of contract or other legal principles, employees can take legal action through an employment tribunal. This may involve seeking legal advice and representation.
- Policy Alignment: Organisations should ensure that their anti-bullying and anti-harassment policies align with their grievance and disciplinary procedures. These policies should clearly define gross misconduct and prohibit the use of workplace systems for online harassment or bullying.
- Risk Assessments: Employers are responsible for conducting risk assessments to identify and address workplace risks to health and safety, including mental health. This proactive approach helps prevent and mitigate bullying and harassment.
- Training and Education: Organisations can provide training and educational resources, such as e-learning modules, to raise awareness about bullying and harassment, promote respectful behaviour, and empower employees to recognise and respond to such issues effectively.
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Frequently asked questions
Bullying in the workplace can be described as unwanted behaviour from a person or group that is an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone. It is important to note that there is no legal definition of bullying and it is not against the law, but it can still lead to legal issues such as constructive dismissal.
Harassment in the workplace is unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile environment. Harassment is unlawful under the Equality Act 2010 if it relates to any 'protected characteristics' such as age, disability, gender, race, religion, sex, or sexual orientation.
If you are experiencing bullying or harassment at work, you should first try to sort out the problem informally by speaking to the bully or harasser, or asking a colleague, safety rep, or steward to raise it on your behalf. If this does not work, you can make a formal complaint using your employer's grievance procedure. You can also contact a helpline for advice, such as the Acas helpline or the National Bullying Helpline.
If you are experiencing sexual harassment at work, you should contact your union representative for advice, such as UNISON or the Royal College of Nursing (RCN). You may also need to report the incident to your manager and complete an incident form. If you require support concerning any sexual violence, you can contact Rape Crisis England and Wales, Rape Crisis Scotland, or Rape Crisis Northern Ireland.
