Bullying in the workplace

With Gordon Brown in the spotlight for claims of bullying, MLP asks:

"What can you do to prevent bullying and protect your business from claims?"

What constitutes "bullying" in the workplace?

Bullying has been defined as:

"Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient."

This is a broad definition which makes it difficult to pinpoint which types of behaviour constitute bullying resulting in a "grey area" between behaviour which is obviously bullying and behaviour which is not. This is where claims are most likely to arise and where employers are most exposed.

The following are examples of bullying in the work place:

• Verbal abuse and threats of dismissal from a superior (particularly detrimental when in front of other staff)
• unsubstantiated allegations of dishonesty
• misuse of internet and email directed at the victim
• constant criticism and overloading of a competent worker

The employer is also potentially liable bullying-type behavior if it occurs at social gatherings outside of the workplace if they involve employees.

What effect can bullying have on your business?

Two reasons why bullying is an issue that your businesses can not afford to ignore:

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• "18.9 million working days are lost each year as a direct result of workplace bullying".
• "93.1% of all HR practitioners say that bullying is occurring in their own organisations".

Bullying can lead to costly claims for:

constructive dismissal

discrimination

breach of Health and Safety legislation

breach of anti-harassment legislation

Bullying can also affect the profitability of your business because of factors such as increased sickness absence as a result of stress and anxiety, increased staff turnover, loss of respect for managers and damage to the reputation of the business.

How can you prevent bullying and protect your business?

All employers, whether large or small, require a clear, accessible and up to date Policies relating to bullying, harassment and discrimination. The employer must also have policies and procedures for dealing with grievances, disciplinary matters and complaints from employees. The employer and senior management must set standards of good behaviour in their own conduct. This basic information can be supplemented with training for staff and guidance books.

Contact Myers Lister Price Solicitors on 0161 926 9969 and ask to speak to Pamela McColl, the Head of Employment to discuss putting Policies and other measures in place to protect your staff and your business against bullying.