Workplace bullying and harassment are serious issues that can have a massive impact on staff and the overall work environment. Bullying and harassment, which can range from subtle actions to outright aggression can affect both the mental health and productivity of staff and can result in a toxic working environment. As such, addressing bullying and harassment at work is crucial if work is to be enjoyable and where all employees feel safe and valued.
In this blog post, we’ll provide some actionable steps for handling workplace bullying and harassment. We’ll also look at what regulations are in place to prevent bullying and harassment at work and the measures that both employees and employers can take to prevent and address these issues effectively.
What is bullying and harassment in the workplace?
Workplace bullying and harassment is where someone behaves in a way that is intended to harm, intimidate or coerce someone else in the workplace.
Bullying involves repeated, persistent and unreasonable behaviour directed towards an individual or group that creates a risk to health and safety. This can include:
- Verbal bullying. Such as insults, derogatory comments and teasing.
- Physical bullying. Pushing, slapping and other forms of physical aggression.
- Psychological bullying. Spreading rumours, undermining or isolating someone.
On the other hand, harassment is any form of unwanted conduct linked to a protected characteristic (race, sex, disability etc) which violates someone’s dignity or results in a hostile, intimidating, degrading, offensive or humiliating work environment.
Any form of harassment or bullying at work can have a massive impact on employees. For example, a member of staff who is constantly picked on at work might suffer from depression, anxiety and, as such, reduced job satisfaction.
The impact on the employer’s business can also be high because bullying and harassment can lead to high staff turnover rates, reputation damage and decreased productivity.
Recognising the signs of bullying and harassment at work
As an employer, recognising the signs an employee is being bullied and harassed at work is crucial for addressing and preventing their effects. Here are some common signs that staff might be facing harassment or bullying at work:
- Staff taking frequent sick leave or unexplained absences.
- Reduced morale and productivity.
- Physical symptoms such as headaches, sleep disorders and digestive issues.
- Depression, anxiety and other forms of psychological suffering.
Some examples of what might constitute workplace bullying or harassment include:
- Belittling comments or jokes at the expense of a member of staff.
- Excluding a particular employee from meetings or social activities.
- Handing out impossible targets or deadlines to particular employees.
- Criticising, shaming or disciplining staff in front of others.
Spotting these signs as early as possible and dealing with such behaviour is usually the first step in reducing workplace bullying and harassment.
Laws and regulations that protect against bullying and harassment at work
In the UK, staff are protected from bullying and harassment because of specific laws and regulations. The main piece of legislation, the Equality Act 2010, is designed to protect against against any type of harassment based on protected characteristics.
The list of protected characteristics covered by the Equality Act 2010 are:
- Age.
- Disability.
- Gender reassignment.
- Marriage and civil partnership.
- Race.
- Religion or belief.
- Sex.
- Sexual orientation.
The Health and Safety at Work Act 1974 means employers are obliged to ensure the health, safety, and welfare of their employees. Therefore, this piece of legislation could be relevant if staff decide to seek damages for any physical or psychological suffering linked to workplace bullying by making a personal injury claim.
While you’re at work, you have the right to expect not to be bullied or harassed by colleagues, supervisors, managers or the business owner. That means that if you do face such behaviours and your employer fails to address them once highlighted, you may have grounds to seek compensation for any subsequent suffering. We’ll discuss this in more detail shortly.
Steps to take if you are being bullied or harassed
If you are facing harassment, bullying or both whilst at work, some of the steps you may need to take include:
- Document each incident. You should keep records of any incidents you believe could be classed as bullying or harassment. It’s a good idea to record dates, times, locations and details of what happened. You could also note who else was present in case witness statements are needed if you decide to start a claim.
- Seek support. You shouldn’t have to deal with workplace harassment or bullying alone. If you are suffering, it’s a good idea to share what’s happened with friends, family and, in some cases, trusted colleagues. Sharing the burden with someone else can provide emotional relief and you may be offered practical advice on how to deal with the issue.
- Report the incident. Your employer is likely to have a procedure for dealing with reports of bullying or harassment. However, they won’t be able to implement it unless you tell them what has happened. You should raise your issue with your line manager, supervisor or HR department in writing. You should provide specific information about what has happened and clearly explain how you’d like the incident to be resolved.
If you are struggling because of workplace harassment or bullying, you could seek mental health advice from the NHS or speak to organisations like the Samaritans.
Employer’s role and responsibilities
Employers have a key role in trying to prevent and address workplace bullying and harassment. Some of the ways they can do so include:
- Clear policies. Anti-bullying and harassment policies should be clearly defined and made available to all staff. These should clearly define what constitutes unacceptable behaviour and any procedures that are in place for reporting and handling complaints.
- Training and awareness. Staff and management should be regularly trained on how to recognise, prevent and address bullying and harassment in the workplace.
- Support systems. Many larger employers offer support services including counselling and other mental health services to provide help to those affected by workplace bullying and harassment. You may be able to self-refer to these services in some cases whilst, in others, you’ll need to be referred by your GP.
- Culture changes. Staff should not feel scared or intimidated about reporting instances of bullying or harassment.
These are just some of the steps employers could implement to try and reduce the risk of bullying and harassment at work. If policies are defined but not adhered to, you may have grounds to seek compensation for any subsequent suffering.
Seeking external help
If you are unable to resolve your grievance internally, it may be necessary to seek external support and guidance. There are various routes that you could take here including:
Advisory, Conciliation and Arbitration Service (ACAS). ACAS provides completely free and impartial advice on workplace issues and can help resolve disputes through mediation.
Citizens Advice. A good place to start if you need guidance on your rights. You can contact Citizens Advice through their website to ask an advisor for the steps you can take to address workplace bullying and harassment.
Trade Unions. If you are a member of a trade union or similar organisation, they may offer support and, if necessary, provide representation if you raise a dispute with your employer.
Employment Tribunals. If your issue cannot be resolved by other means, you might want to file a complaint with external bodies such as the HM Courts &Tribunal Service. This is a formal process which will require you to submit evidence within the allowable time limits and you might need to attend an employment tribunal hearing.
Taking legal action against an employer
If you have been affected by workplace bullying and harassment, you might decide to start legal action against your employer.
Generally, for this to be possible, you will need to demonstrate that:
- You have raised concerns about bullying or harassment at work.
- Your employer has failed to deal with the issue i.e. they were negligent; and
- As a result of the bullying or harassment, you have suffered physically, emotionally or financially.
To help ease the stress and complexity of bullying and harassment claims, it may be worth discussing your case with a specialist solicitor on our panel. You will be offered free advice about your options to help you decide whether to proceed with a claim. If your claim is taken on, your solicitor will represent you on a No Win, No Fee basis.
Some workplace bullying and harassment claims can be dealt with out of court. This may be possible if your employer’s negligence can be proven by evidence. If that happens, negotiations into compensation levels can begin.
In other cases, where liability for your suffering cannot be agreed upon, your claim might need to be heard in court or at an employment tribunal.
What compensation could I get for bullying and harassment?
If you win a personal injury claim against an employer, you will be paid compensation. This will generally be formed by two heads of loss:
- General damages: covering the pain, suffering and loss of amenity caused by the bullying and harassment you’ve endured. This, importantly, covers both physical and psychological injuries.
- Special damages: covering financial losses, expenses and costs linked to your suffering. For example, you might be able to claim back the cost of being treated by a psychiatrist or for earnings you’ve lost because your symptoms made it impossible to work.
If your case is heard at an employment tribunal, you could receive a basic award based on your age and length of service plus a compensatory award based on financial losses (loss of earnings etc).
Self-care and recovery
Dealing with workplace bullying and harassment can take a toll on your mental and physical health. Some examples of self-care strategies that could reduce your suffering include:
- Managing stress. Try to spend some time participating in activities that help you to relax and recharge. Some examples include exercise, hobbies and spending time with your loved ones.
- Seek professional help. While many people are embarrassed to seek professional advice for mental health conditions, it can really help. Simply talking with a psychologist can help to understand the problem and treatments like Cognitive Behavioural Therapy (CBT) can provide strategies to help you cope in the future.
- Rebuilding your confidence. Try to focus on your strengths and achievements. Rather than trying to deal with everything all at once, it may be a good idea to set small and achievable goals to help you rebuild your confidence and sense of control.
- Workplace support. If you decide to stay in your current role, plan your return to work with your employer. Ask for details of the steps they’ll take to try and ensure a safe and supportive work environment going forward.
Recovering from bullying or harassment at work can take time. It’s usually a good idea to seek help from others wherever possible and to try and ensure support is in place during your recovery.
Conclusion
It is important to address any type of workplace bullying and harassment as quickly as possible. This can reduce staff suffering needlessly and result in a much happier and more productive working environment.
It’s also important to remember that both staff and employers have a responsibility when it comes to addressing and reporting these issues.
If you are suffering from harassment or bullying at work, you may find that some of the steps we’ve outlined in this article could be beneficial.
Additionally, you could arrange a consultation here with one of our advisors if you believe that your employer has failed to act correctly after you’ve raised concerns with them regarding your well-being. Your case will be assessed on a no-obligation basis and if we believe you should be compensated for suffering caused by workplace bullying and harassment, we could connect you with one of our solicitors today.
