Bullying

Under the Management of Health & Safety at Work Regulations 1992 the possibility of violence to employees has to be evaluated. Employers are under a duty to provide adequate security precautions at work. In any situation when an employee has been the victim of violence, and the employer has failed to take adequate steps to prevent it the employee may choose to resign and claim constructive dismissal.

Bullying can encompass a range of behaviour. Frequently bullying will take a non-violent form. If the behaviour is persistent it may have a detrimental effect on the health, and morale of the victim. This is bad for the health of the individual but also bad for business. Allegations of bullying should always be taken seriously, as to dismiss them as trivial may lead to the loss of motivation, resentment and an allegation of constructive dismissal.

Employers should be aware of the Protection from Harassment Act 1997 which may be applicable to some allegations of workplace bullying. The House of Lords have ruled have ruled that employers may be liable under this legislation for the behaviour of their staff towards each other. For this legislation to apply there must have been a “course of conduct”, i.e. two or more incidents of bullying. The bullying need not be physical to be covered by this legislation; so behaviour causing anxiety or distress may be covered by it. This could lead to the employer having to pay unlimited compensation for the “bullying” quite separately (and in addition to) any compensation for constructive dismissal. To address, this employers should implement appropriate policies, and ensure all staff are made aware of them, and that all managers are trained to deal with them. (see PAYG policy link).

Some bullying may be on grounds of unlawful discrimination, such as race or disability. The law protects individuals from this type of bullying through specific legislation outlawing the particular type of discrimination concerned, be it disability related, racial, or sexual in nature. Cases involving behaviour such as name calling, or unwanted offensive comments about a person’s race, gender, age, sexual orientation, religious beliefs or disability may be brought under the provisions in the relevant anti-discrimination legislation that outlaw harassment.