Employers Urged To Deal With Bullying Claims “Thoroughly, Promptly And Most Importantly Confidentially”

News
21/11/2018

Technology has enabled bullies to reach their targets on numerous different platforms and employers need to be aware of this if they are to avoid an Employment Tribunal, warns Manchester law firm, Clarke Willmott LLP.


As the UK marks Anti-Bullying Week, Alice Finlow, a paralegal at the firm’s office in the city’s Spring Gardens, says the introduction of a workplace policy framed around anti-bullying and harassment is a good starting point.


Says Alice:

“While bullying may not always occur in a way where it can be seen or heard – by email, phone or social media – bosses must still make sure that any report of bullying must be taken seriously.

“A good starting point is to have a workplace policy framed around anti-bullying and harassment. This will set the company’s intention that bullying will not be tolerated and set out that it will be dealt with as a disciplinary offence.

“Managers will play a vital role in supporting this policy and filtering a positive message throughout their teams. It may be useful to provide training to assist managers in how to handle bullying.

“It should be made clear to employees that all complaints of bullying and harassment will be dealt with thoroughly, promptly and most importantly confidentially. It shouldn’t be the case employees are too scared to raise the issue because they are worried they will suffer for it.

“Employers should ensure that the grievance policy is easily accessible and understood so that employees have a clear route to bring instances of bullying and harassment to the attention of their manager.”


Alice says there is no definitive list of what constitutes bullying in the law, but for the purposes of a harassment claim – which bullying behavior might provoke – the focus is on whether the unwanted conduct creates an undignified, intimidating or offensive environment for the victim.


This could encompass any number of things including spreading rumours, being uncivil, threatening, verbal or physical abuse, undermining someone or excessively monitoring someone’s work.


Alice adds:

“A common theme of workplace bullying is more senior member of staff misusing their authority to intimidate junior members of staff.

“It might be easy to put this down to a particular person’s firm management style but it is likely that this will have a prolonged negative effect on the team they are managing.

“Bullying may not necessarily come from a fellow a colleague, it may for example come from a client or customer. There is still a risk that an employee may bring a claim against their employer as a result if it creates an intolerable working environment for them."


Clarke Willmott LLP is a national law firm with seven offices across the country, including Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.


For more information about Clarke Willmott visit: www.clarkewillmott.com.