Bullying and Harassment at Work
Since the law relating to unfair dismissal (the
Employment Law 2003) came into effect on 1st July 2005,
the number of claims citing Constructive Unfair
Dismissal have arisen because an employee has alleged
that his/her employer has not provided effective
protection against bullying and harassment.
What is bullying?
Bullying is regular, intentional intimidation designed
to undermine the confidence and capability of the
victim. Bullying can take the form of verbal abuse,
violent gestures, physical violence, allocation of blame
and ‘picking on’ employees unfairly, public humiliation
of employees or a more ‘subtle’ war of words to
undermine the worker’s confidence.
What is harassment?
Harassment can take the form of physical, verbal or non-verbal conduct which is unwanted by the individual
target. Harassment occurs when one person’s or a group’s
behaviour towards another gives offence. For example,
such behaviour may take the form of remarks designed to
embarrass, inappropriate jokes or ridicule, unwelcome
physical contact, suggestions or demands for sexual
favours, racial shunning or segregation or racial abuse.
Each incident may not seem significant to the objective
observer when taken in isolation, but it is important
to recognize that there is a cumulative effect and that each
incident builds upon the last.
Bullying and Harassment Policies
Bullying at work is in nobody’s interest as both
employers and employees are in a 'lose-lose' scenario.
The employer can expect significantly higher sickness
rates and higher employee turnover with the resultant high
cost of training and retraining, exceedingly low work
force morale and poor industrial relations, whilst the
employees can experience higher levels of stress.
Putting in place the appropriate bullying and harassment
policies and procedures are key to avoiding constructive
unfair dismissal and/or the severe psychological damage to
an employee that could result in a substantial
compensation claim via the Royal Court. Whenever
inappropriate behaviour is reported in the workplace,
the best outcome possible is that the matter is dealt
with swiftly and fairly.
Good procedures to deal with bullying and harassment are
important. They provide a mutually beneficial framework
for the employment relationship, encourage improvements
in individual conduct, allow employees to raise
appropriate concerns and make for well-ordered employee
relations.
If you are an employer and would like to learn more
about
how to manage issues of 'bullying or harassment', why
not complete our online
enquiry form
or give us a call on
FREEPHONE 0800 567 7813 and
one of our advisors will contact you, offering you sound
practical advice and guidance at a cost substantially
lower than the fees charged by ‘legal’ employment
advisors.
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