Bullying may be hard to recognise, or not be obvious to others. The recipient may think that it is the normal way of things in the organisation. It is important for employers to check for bullying. Employees are often reluctant to make a complaint as they may fear for any future consequences. This may also go for any witnesses to bullying as they may too fear for any consequences. This is why it is important for employers to know what unacceptable behaviour is. Examples of unacceptable behaviour are:
- Spreading malicious rumours or insulting someone
- Exclusion or victimisation
- Unfair treatment
- Making threats or comments about job security without foundation
- Deliberately undermining a competent worker by overloading and constant criticism
- Preventing individuals progressing by intentionally blocking promotion or training opportunities.
Bullying, a lot of the time, is based on the grounds of sex, race, sexual orientation, disability and religious beliefs. Over the years, laws and acts have come into place to ensure that recipients of bullying can take legal action. Because employers are the ones responsible for preventing bullying, it is in their best interests to make sure that everything possible is done to eradicate any bullying from the workplace. After all it will be the employers who eventually lose out if a complaint is made to an employment tribunal. Not only may they have to pay legal costs and compensation, but their reputation could be ruined and may also have the problem of potential loss of staff. They may also find it harder to find replacement employees. Examples of the acts covering discrimination are:
- Sex Discrimination Act – protects employees from discrimination on the grounds of sex, marriage and gender reassignment
- Race Relations Act 1976 - protects employees from discrimination on the grounds of colour, nationality, race and ethnic origin
- Disability Discrimination Act 1995 - protects employees from discrimination or victimisation
- Employment Equality (Sexual Orientation) Regulations 2003 - protects employees from discrimination on the grounds of sexual orientation
- Employment Equality (Religion or Belief) Regulations 2003 - protects employees from discrimination on the grounds of religion and belief
Bullying at work or anywhere is unacceptable on moral grounds. But also if bullying is badly handled or unchecked, the organisation may face serious problems. It could result in poor morale, loss of respect for the managers and supervisors, not just by the recipient but from all employees, poor performance and lost productivity. The organisation could also face further problems of absence and resignations, as well as the possibility of unlimited payments of compensation through tribunals and other court cases.
However, if the organisation was to handle complaints of bullying properly, then they may not have to face any of these problems. A checklist could be made for a specific policy on bullying. This checklist could include:
- statement of commitment from senior management
- acknowledgement that bullying and harassment are problems for the organisation
- clear statement that bullying and harassment will not be tolerated
- statement that bullying and harassment may be treated as disciplinary offences
- protection from victimisation
- investigation procedures, including timescales for action
- confidentiality for any complainant
- the steps the organisation takes to prevent bullying
When employers do receive complaints of bullying from employees, then they should take the complaint seriously, and investigate it immediately. Once investigations into the complaint have been done, a decision can be made on what actions should be taken.
As said before, many employees find it difficult to make a complaint regarding bullying. However if the employee is sure that they are a victim of bullying then there are a number of things that can and should be done. Firstly the employee should let their union or staff representative know. They can also talk to their colleagues to see if they are having the same problems or not. A diary of all incidents can be kept. This should have the dates and times and what actually happened or what was said in it.
Overall, it is clear to see that it is important for employers to take any complaint of bullying very seriously. The right actions and steps must be taken to ensure everything is being done properly and professionally. However, employees have to do their bit as well. Bullying can be very hard to recognise. Unless a formal compliant is made, there is not a lot that an employer can do. Also complaints to the employer need to be made first before employees go to an employment tribunal.
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