Workplace bullying can impact an employee’s performance and mental well-being, leading to extended absences or even resignation. It is crucial that employers address any bullying allegations effectively and safeguard against potential claims.
Whilst there is no specific law against bullying, several claims could arise if an employee/worker feels they have been bullied and/or harassed, including the following:
- If an employer fails to protect its employees/workers from harassment in the course of their employment, they may be liable to claims under the Equality Act 2010.
- Under the Protection from Harassment Act 1997, an employer can be vicariously liable for damages resulting from the harassment.
The employer may face claims for constructive unfair dismissal and personal injury.
So how should employers address workplace bullying allegations?
Offer employees your support
It is essential to support employees who report incidents of bullying. They should receive sensitive treatment and be assured that their complaint is being managed seriously and that the allegations will be kept confidential. Based on the nature of the accusation, the employee might choose to discuss it with an HR manager or a colleague of the same gender.
An employee who raises a discrimination complaint is typically safeguarded against victimisation. Regardless of whether the allegations contain a discriminatory element, employers should foster a culture where employees feel supported, ensuring that there are no adverse consequences for reporting concerns in good faith.
Providing assistance through an employee assistance program or counselling can be beneficial. This applies to both the employee reporting bullying and the employee who is being accused.
Have a look at your policies
Legally, there is no requirement for employers to have a separate policy on bullying and harassment, and as a result some prefer to deal with any complaints under their grievance policy, however many employers do decide to have a separate policy.
You should review any relevant policies to verify that the correct procedures are being followed within the specified timeframe. If an investigation is to take place, an employer should inform the employee about the steps involved and the expected timeline. Any delays should be promptly communicated to the employee.
Ask if the employees in question need to be moved
If serious allegations arise and the employees are in the same area or team, the employer should assess if separating them is necessary or if adjusting work responsibilities or reporting lines is feasible.
This precaution aims to reduce contact between the accused and the individual reporting bullying during the investigation process. It’s important to avoid penalising any individual whenever possible.
Is a suspension period necessary?
Suspending the accused individual should be a final option, not an immediate reaction.
If suspension is necessary, it should be brief to avoid breaching the implied duty of trust and confidence. Prolonged suspension may lead to unfair dismissal claims and impact the well-being of the suspended employee. It is advised to maintain a record of the decision-making process.
Conduct an investigation into the allegations
Employers should assess if problems can be resolved informally, in line with the ACAS code of practice on disciplinary and grievance procedures. It is essential to discuss the available options with the employee raising the concerns, however in many cases, allegations of bullying necessitate a thorough investigation.
Employers must promptly conduct investigations while ensuring they are reasonably thorough. The investigation can be carried out by an HR professional, a senior manager, or an external investigator if no suitable individuals are available. For example, if a potentially suitable manager has a close relationship with the accused.
Frequently, various perspectives may arise, requiring the investigator to approach the investigation with an open mind to gather evidence that leads to well-founded conclusions. It is essential to inquire with both parties about potential witnesses and the evidence they may offer. In addition to interviewing witnesses, the investigator might need to examine other medias, depending on the nature of the allegations.
The process should remain confidential and this should be clarified to any witnesses during interviews.
After the investigation
Based on your policy, it may be necessary to involve another manager in meeting with the employee who raised the complaint, and also to review all the evidence again before making a decision. If the employee’s claims are dismissed, they should have the opportunity to appeal.
If bullying is confirmed, you may decide as a next step to the following action may involve addressing the accused individual according to your disciplinary policy. This could lead to a warning or even dismissal.
Keep your business safe
Employers should maintain robust and up-to-date policies regarding equality, diversity, and inclusion. Providing regular training to employees is essential to implement these policies effectively.
Fostering a positive, fair, and secure work environment, can help protect employers against harassment claims.
These steps taken together will help an employer to establish the statutory defence of having taken reasonable steps to prevent harassment.
How can Hegarty help?
Employers must ensure they have clear policies and procedures established to address bullying complaints. Employees should feel empowered to report incidents without the fear of reprisal and should all be aware of the policies in place. Additionally, employers can aim to foster an inclusive and respectful workplace culture to prevent bullying from occurring in the first place.
Our employment team can support and advise you to make sure your business has the proper policies in place to deal with any allegations of bullying. If an allegation has already been made, Hegarty can guide you through the legal process to get a satisfactory outcome.
Written by Katie Bowen Nicholas from Hegarty, members of The Local View Peterborough.
