No workplace is immune to incidences of bullying. The Financial Conduct Authority, MPs and the BBC One show Strictly Come Dancing have all had to deal with accusations of bullying from current and former staff members in recent months.
Half of UK workers claim to have either been bullied or witnessed bullying while at work, according to a survey of employees by Wright Hassall’s employment law team.
Despite its prevalence in the workplace, few people trust HR to deal with this issue. Analysis of online reports of workplace bullying by researchers at Anglia Ruskin University and Bishop Grosseteste University found that HR teams consistently failed to satisfactorily deal with workplace bullying, according to employees.
Some workers also reported being ignored or victimised even further after raising their concerns with HR. “Our research shows workers to be critical of HR departments in dealing with the messier, darker side of organisational life,” the report’s lead author Dr Clive Boddy says. “If there is an acceptance that internal procedures will not protect them, employees are less likely to report workplace bullying, and will suffer in silence – potentially causing damage to mental health and affecting productivity.”
With low employee trust in HR’s ability to handle bullying complaints, a change in approach may be needed.
Establish a workplace policy
Developing a clear anti-bullying policy is the “essential first step”, according to Tina Chander, partner and head of employment law at Wright Hassall. This can help create clarity around what constitutes bullying within the organisation and outlines how it will be dealt with.
Deciding which actions should be considered bullying behaviour can be challenging. More than half (57%) of the UK workers surveyed by Wright Hassall did not consider shouting at coworkers to be a form of bullying, while around a third of people thought jokes about an individual or excluding people from group meetings was acceptable.
Most employers use or adapt the definition used by the Advisory, Conciliation and Arbitration Service (Acas). It defines bullying as “unwanted behaviour from a person or group that is either offensive, intimidating, malicious or insulting or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone”.
Regularly refining your anti-bullying processes ensures that your policies remain effective and relevant
Any anti-bullying policy should be written in plain language so it can be understood by everyone and should leave “no room for ambiguity”, Chander advises. It should then be communicated with all staff, included in employee handbooks and should form an “integral” part of the onboarding process, she says.
Kate Palmer, employment services director at HR service provider Peninsula, adds that encouraging staff to sign the policy sets a “zero-tolerance” tone towards such behaviours and ensures everyone has acknowledged the rules, expectations and consequences.
Employers must also be aware that bullying can take many forms and can happen whether or not the person engaging in it is aware of their behaviour. Chander says: “Bullying can occur face-to-face, via social media, or through other communication channels, and it may not always be obvious to others.”
While power imbalances are often a feature of workplace bullying, upwards or subordinate bullying can also occur when junior members of staff bully a manager. “Regularly assessing and refining your anti-bullying processes based on employee feedback ensures that your policies remain effective and relevant,” Chander adds.
Encourage employees to speak up
A reluctance from employees to report bad behaviour can also create issues for HR. The majority (62%) of victims of workplace bullying chose not to report it, according to Wright Hassall. “Lack of confidence in the employer or the process itself is a significant barrier to reporting bullying,” Chander says. “Therefore, HR’s role is not just about addressing individual complaints, but also about fostering a culture where employees feel safe and supported in speaking up.”
Ensuring staff know who to speak to and how to make a complaint is essential. Palmer recommends establishing a formal grievance procedure which sets out a neutral point of contact for staff to lodge complaints with.
A confidential reporting mechanism may also be useful for witnesses of bullying or discrimination to raise their concerns, Chander adds. This could take the form of a hotline or online portal, which is monitored by HR.
HR’s role is not just about addressing individual complaints, but also about fostering a culture where employees feel safe and supported
Rachael Saunders, deputy director of the Institute of Business Ethics, says that embracing complaints is part of a “healthy ethical culture”. “Organisations that prioritise this process and have robust internal mechanisms for managing complaints demonstrate a stronger ethical culture compared to those that overlook such feedback,” she adds.
But, even with a comprehensive system in place, some people may be reluctant to come forward with bullying complaints. Employers hold a responsibility to prevent bullying within their organisation and may need to take a proactive approach to identifying it in some instances.
“It may not be obvious that bullying is taking place, so look out for any behaviour that can indicate a problem,” Palmer says. “Some signs that an employee is being bullied could include their mood deteriorating, an increase in sick days, or a reluctance to work with a particular colleague.”
Management training in empathy, emotional intelligence and effective communication may be useful in such cases, she adds.
Deal with complaints transparently and fairly
When a complaint is raised, HR must act promptly. “The worst thing any organisation can do is sweep claims under the carpet or hope they will go away,” Palmer says
In some cases, HR may be able to deal with issues informally. How to handle the complaint will be determined by the severity of the claim, what the complainant wants and what’s stipulated in company policy.
Everyone must be held to the same rules and standards, regardless of the seniority of the accused
“It’s crucial to listen to the victim and ask what outcome they seek,” Saunders says. “HR or senior leaders should then decide on the appropriate action. This could range from an apology and training to disciplinary measures.”
Investigating all claims thoroughly and being transparent with those involved, while preserving confidentiality, is important for maintaining trust with staff. Appointing a neutral third party or an external investigator can be useful in some cases, particularly when impartiality is required.
“Addressing concerns by actively listening, confirming understanding, informing the claimant of actions taken and incorporating their feedback are all crucial for building confidence,” Saunders says. “This approach not only reassures the claimant but also shows other employees that complaints are managed fairly and effectively.”
Mediation may be helpful when an issue cannot be resolved internally. For more serious complaints, disciplinary action may be required and, in cases of gross misconduct, may result in dismissal.
“The key is to ensure that all steps are conducted fairly and consistently and in line with the Acas Code of Practice on disciplinary and grievance procedures,” Chander adds. “Everyone must be held to the same rules and standards, regardless of the seniority of the accused.”
HR must also not forget its duty of care to staff who have been victims of bullying and should offer continued support once the issue has been dealt with. “This should include regular check-ins and reasonable adjustments, for example ensuring they are not on the same team as the person they accused of bullying them,” Chander says. “Depending on the situation, you may also want to offer EAP support or even a period of leave.”
By taking a proactive approach towards helping victims of bullying, HR can restore some of the trust that is currently lacking.
The legal concerns associated with workplace bullying
While bullying is not against the law, unwanted behaviour that relates to age, sex, disability, sexual orientation, race, religion or belief is regarded as harassment and is covered in law by a range of acts.
Employers are liable for any harassment suffered by employees under the Protection from Harassment Act 1997. Thomas Beale, bullying and harassment partner at law firm Bolt Burdon Kemp, says: “Under this legal route, employees can bring claims directly against their employer through the concept of vicarious liability, which stipulates that an organisation shall be responsible for the actions of its employees.
“Importantly, HR teams should note that the employer does not need to be aware of the bullying in order to be held liable under the Act. Alternatively, if an employer is aware of workplace bullying, a failure to take steps to protect the employee from further harm may result in a claim of negligence.”
However, by ensuring there are solid anti-bullying policies and procedures in place, HR teams can help protect their organisations against such claims.
No workplace is immune to incidences of bullying. The Financial Conduct Authority, MPs and the BBC One show Strictly Come Dancing have all had to deal with accusations of bullying from current and former staff members in recent months.
Half of UK workers claim to have either been bullied or witnessed bullying while at work, according to a survey of employees by Wright Hassall’s employment law team.
Despite its prevalence in the workplace, few people trust HR to deal with this issue. Analysis of online reports of workplace bullying by researchers at Anglia Ruskin University and Bishop Grosseteste University found that HR teams consistently failed to satisfactorily deal with workplace bullying, according to employees.
