In this post we’ll take a look at bullying in the workplace and how a failure to deal with the bullying – and specifically with a grievance about bullying – can lead to a potentially costly and time-consuming Employment Tribunal claim. The post will also give some tips on how to avoid such claims and how, if they’re made, they can be defended.
Please note: if you are confronted with a potentially serious employment law issue then you should contact employment law solicitors to obtain employment law advice
- What is bullying in the workplace and why is it so serious?
- What should you do if a grievance is submitted regarding bullying in the workplace?
- What steps should you take if an Employment Tribunal claim is made?
- How can you avoid Employment Tribunal claims in such situations?
What is bullying in the workplace and why is it so serious?
Bullying in the workplace is a serious matter as it can result in serious psychological or physical harm to the victim of the bullying and – as an aside – can have a drastic influence on morale in the workplace if it’s not addressed properly. Bullying in the workplace can take many forms – it may be overt physical or verbal bullying (such as assault or battery of one colleague by another) but it can be far more subtle than this. It can therefore be very difficult to spot in some situations and managers must be adequately trained as well as ready to deal fairly with such situations. Put broadly, bullying in the workplace can be divided into two wide categories:
- Bullying related to a protected characteristic of an employee (for example, one worker is being bullied by another because of their skin colour or the fact that they’re Muslim)
- Bullying that isn’t related to the protected characteristic of an employee (for example, one worker just doesn’t like another worker for personal reasons unrelated to a protected characteristic and is bullying them)
Which type of bullying has occurred is important for legal reasons – if a worker is being bullied for a reason relating to a protected characteristic of theirs or another person’s then they can make a claim for discrimination or harassment to the Employment Tribunal under the Equality Act 2010. However, both “types” of bullying should be dealt with in an equally serious fashion.
What should you do if a grievance is submitted regarding bullying in the workplace?
If a grievance is submitted regarding bullying in the workplace then you should take immediate steps to deal with this:
- Acknowledge receipt of the grievance and state that it will be investigated within a given timeframe
- Designate an impartial manager to conduct the investigation
- Take appropriate action once the manager has filed his report on the grievance
- Keep the aggrieved employee updated on the progress of the matter throughout
- Allow the employee the opportunity to appeal their grievance if it is not upheld
What steps should you take if an Employment Tribunal claim is made?
If an Employment Tribunal claim is made then you may wish to instruct employment law solicitors to handle your matter. The typical types of claim that are made in situations were an employee is being bullied are those for constructive dismissal and discrimination and/or harassment under the Equality Act 2010. If the grievance hasn’t been dealt with properly then the employee may have a strong claim for constructive dismissal, although the chances of success in a discrimination and/or harassment claim would be based upon whether the bullying and/or the failure to deal with the grievance were discriminatory in themselves.
How can you avoid Employment Tribunal claims in such situations?
You can potentially avoid an Employment Tribunal claim by:
- Dealing quickly and fairly with bullying situations in the workplace
- Dealing quickly and fairly with any grievances
- Potentially offering to settle any threatened claim from an employee through a compromise agreement (soon to be re-named a “settlement agreement“)
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