Bullying in the workplace

Following the investigation into Deputy Prime Minster, Dominic Raab’s, conduct in the workplace, many employers may now be asking themselves – what constitutes bullying in the workplace? Mr Raab has since resigned from office.

The investigation found that Mr Raab had acted in an “intimidating” and “insulting” manner with civil servants whilst he was justice secretary and that he abused his power whilst he was foreign secretary. Mr Raab has argued that the inquiry was flawed, and the labour party have accused the Prime Minister of weakness, arguing that Mr Raab should have been dismissed ahead of having the opportunity to resign. The fallout in Parliament following the inquiry was to be expected but what can employers learn from this?

There is no legal definition of bullying, but guidance provided by Acas confirms that it can be described as unwanted behaviour from an individual, or group, that is either offensive, intimidating, malicious or insulting or an abused or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.

Examples of bullying include; derogatory remarks about someone’s performance, spreading rumours, giving a subordinate a heavier workload than others, undermining authority. Bullying can be in person or via email/telephone calls, it may not always be obvious to others, and it can be a one-off incident.

If bullying behaviour relates to a ‘protected characteristic’ as set out in the Equality Act 2010, it could then be classified as harassment. Harassment because of pregnancy/maternity is, however, treated differently and could be direct discrimination.

If you are an employer, you have a legal duty of care towards employees to protect them and provide them with a safe and suitable working environment.

Employers may choose to deal with instances of alleged workplace bullying via its grievance procedure, however, case law suggests that having a separate “anti-harassment and bullying” policy may help establish a defence to a claim under discrimination legislation. A specific policy setting out a more detailed procedure about the investigation process, demonstrates a recognition of the sensitivity surrounding complaints of bullying.

Advice

If you would like to speak to one of our specialist employment lawyers about preventing, and dealing with, bulling in the workplace please contact the Employment Team at Thackray Williams LLP 020 8290 0440 or submit an enquiry via our website www.thackraywilliams.com.