Workplace bullying can happen for many reasons but whatever the cause the effects can have a significant and lasting impact, not just for those employees that are subject to it but for the business too. From a business perspective, it can have a negative impact on performance, increase absence rates, and cause or contribute to employee retention issues with those who directly experience bullying seeking to leave, as well as those who feel negatively impacted by the workplace culture.
So, what can it be helpful for employers to know when it comes to workplace bullying and its prevention?
What is bullying?
There is no set definition in law as to what bullying is, but it can often be described as the repeated less favourable treatment of a person by another or others. Bullying behaviour can be physical, verbal and non-verbal.
Whilst bullying can be deliberate, with employees thinking that the person being bullied will not raise a complaint or they will not get ‘caught’, it can sometimes come from a lack of understanding of what bullying is or recognising their actions as being bullying behaviour.
It can also sometimes be a wider issue, one of workplace culture with bullying behaviour becoming ‘normalised’, for example if such conduct is seen but not addressed by managers. This can create a difficult cycle for businesses to break as employees are more likely to engage in such behaviour if they view it as ‘acceptable,’ those being bullied are less likely to raise a complaint if they do not feel confident it will be taken seriously or appropriately addressed, and tackling it becomes significantly harder not just on an individual level but also more widely if such conduct has become embedded.
Bullying prevention
It is important for businesses to take pro-active steps to reduce the likelihood of bullying occurring and to make it clear to employees that such conduct is unacceptable. Common steps include:
- Having in place a clear anti-bullying policy and ensuring it is effectively communicated to all employees and managers.
- Undertaking anti-bullying training with employees and managers and refreshing it periodically. Training can help to reduce the likelihood of bullying occurring and, if it does happen, it can put your business in a better position to deal with it.
- Making sure employees know how to report bullying concerns and that they feel able to speak up. This can help to ensure that matters are dealt with swiftly and appropriately, and if bullying is found to have taken place to enable the business to take appropriate action, including putting in place any further preventative measures if necessary.
Not only is it important to be aware of the impact bullying can have on a business generally but also to bear in mind that there can be cases where a bullied employee who has two years’ service or more is able to argue that they have been constructively unfairly dismissed because of how they were treated. This can include where a complaint about bullying is not appropriately addressed.
As the qualifying period of service for ordinary unfair dismissal claims, including ordinary unfair constructive dismissal claims, will be reduced from two years continuity of service to six months from 1 January 2027, it is particularly important for businesses to ensure that bullying is on the radar. More employees will be able to complain to an employment tribunal, and sooner, if they feel they have been constructively unfairly dismissed because of such conduct.
Handling a complaint about bullying
It is important to ensure that any complaints about bullying are dealt with promptly and appropriately and that all those involved are treated fairly. Dealing with a bullying complaint will often involve addressing the matter through a formal grievance procedure and, if there is sufficient evidence to warrant it, following a disciplinary process to take action in relation to the ‘bully’. If a complaint about bullying is raised in your business, it is always important to seek specific advice on the facts of your situation before taking any action.