In 2020, the WRC together with HSA published a Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work with the intention of providing guidance on best practice and procedures. Despite this, many companies have not updated their policies on preventing workplace bullying and continue to fail to take adequate action to prevent workplace bullying and to address it correctly if and when it occurs. There are companies who do not have the mandatory Anti-bullying Policy in place, let alone are actively demonstrating their commitment to implementing it by way of prevention. 

A complaint of bullying in the workplace should never be ignored. While it can challenge all parties involved, including the employer, failure to take action and respond appropriately can have serious consequences for an employer. Lodging the complaint can be a difficult and daunting task for the complainant. Making the complaint is normally the start (rather than the end) of a challenging but necessary process. The accusation of bullying is a serious one that has the potential to damage the professional and personal integrity of any individual, so naturally it can invoke highly emotional responses and trigger stress in both the complainant and the respondent. A complaint of bullying at work can also draw retrospective attention to an employer’s overall duty of prevention, and to the subsequent steps of addressing and investigating the complaint. Further, should the complainant resign from their position, the risk of them making a Constructive Dismissal complaint to the WRC will be at the forefront of an employer’s concern. 

The Definition

Many employers, for example, may not be able to define or differentiate bullying from harassment with any degree of confidence, and often the devil is in the detail. A once-off act of disrespect or discrimination, for example, does not constitute bullying, but may constitute harassment or sexual harassment. Bullying, by nature of its definition, can be direct or indirect, subtle or blatant, but it must be repeated and deliberate. 

Undermining a person’s right to dignity at work can take many guises and bullying can therefore be difficult both to identify and to prove. Giving constructive or unsolicited feedback to an employee on their work, for example, is not defined as bullying. Equally, just because someone feels they are being bullied does not prove that they are. In some cases, interpretation of disharmony can differ, and a person’s experience of interaction or communication does not necessarily define the motive or context correctly. With the rise in remote working, for example, many complaints of bullying now have their basis in text and email exchanges, where body language, gesture and vocal tone are absent completely. This heightens the risk of misinterpretation. At the same time, bullying can take the form of text exchanges from one employee to another, and from employer to employee or vice versa.

Prevention

A starting point for employers is to ensure they have an up-to-date Anti-Bullying Policy in place that is in line with the Code of Practice on the Prevention and Resolution of Bullying at Work. The next step is to distribute and discuss it. Policy awareness is essential to the promotion of an Anti-bullying culture within any organisation. Often employers are reluctant to discuss the ‘B’ word for fear simply doing so may invoke a complaint. This is a risky perspective to adopt since the act of prevention of workplace bullying is an employer’s duty and enshrined in the law.  Ensuring that employees fully understand the definition of bullying, for example, is one way of helping to prevent potential false complaints from arising.  This is an important step because regardless of an employer’s own perspective or opinion, all complaints require action and investigation. Furthermore, regardless of the outcome of an internal complaint, an employer’s handling of and response to one can influence the outcome of an external complaint to the WRC.

Another preventative action is to ensure appropriate training is afforded to all line managers or anyone who may be responding to a complaint of bullying in the workplace. Some companies appoint a specific contact person and communicate to their employees that this individual’s role is to help assess in strict confidence potential bullying cases and offer any relevant information regarding bullying or the Anti-bullying Policy. Employees also must understand that this individual will play no part in the investigation itself. This measure of early confidential engagement can help resolve matters quicker and more effectively. 

The Risks of a Poorly Managed Complaint – A Case Sample

A past employee raised a Constructive Dismissal case against her former employer that was heard by an adjudicating officer in the WRC in July 2022. The complainant’s evidence stated she first raised concerns with the management team when one person began undermining her by treating her poorly in front of her colleagues. She then lodged a formal complaint thereafter to management and received a response a month later. No consultation or conversation took place with her before she received a written response, and it was at that point only that she received the company Anti-bullying policy. Her evidence included that having received the policy, it was clear the procedures set out within it had not be followed. Management proceeded to speak with other members of staff but failed to do so at that time with the complainant. Her evidence included that no written report was given to her, and when a meeting did take place, it was not held in a private place nor was she afforded the opportunity to discuss her complaint. The employee wrote to her manager outlining that she felt her complaint was not managed appropriately before resigning her position. Her complaint of Constructive Dismissal in the WRC was supported, and she received compensation as a result.

 Key Takeaways for Employers

• Be proactive when it comes to prevention of bullying in the workplace.
• Distribute the updated Anti-bullying Policy sooner rather than later.
• Demonstrate commitment to prevention by initiating discussion and definition.
• Consult and respond in a timely manner to parties involved in a complaint.
• Maintain an impartial perspective and do not allow your own personal opinions to cause deviation from the Policy.
• Lead by example by behaving in a respectful, professional manner towards all employees, treating others they way you wish to be treated and how you expect them to treat each other. 
• Adopt a zero-tolerance approach to bullying in the workplace by adhering consistently to the procedures set out in the Policy.
• Take all and any complaints of bullying seriously, treating each with the same level of attention and action.