Bullying and harassment

Dealing with bullying and harassment claims

Employers should take claims for bullying or harassment seriously. You should be aware that you can be held liable for harassment suffered by your employees in a work environment. Therefore, you should know, and make known to your employees, what approach you will take, for example, by issuing a policy that:

• encourages victims of bullying or harassment to come forward, in a way that provides a way to bypass the bully or harasser
• combines an informal route to complain within a formal procedure to be used when the matter cannot be resolved informally and balances the interests of the victim and the alleged bully/harasser
• tells staff and trains managers as to what they should do if they become aware of someone being bullied or harassed - see the page in this guide on how to  draw up an anti bullying and harassment policy

Bear in mind that a claim could be malicious, and to investigate it thoroughly and fairly you should:

• if possible use an impartial, trained investigator
• consider suspension of the alleged bully or harasser on full pay
• allow both parties to be accompanied to a hearing by a representative of their choice
• make it clear that both parties have the right of appeal

When you are dealing with a case of bullying and harassment, decide carefully what action you are going to take. This could be counselling, training, a penalty - such as a written warning, suspension or transfer or dismissal of the bully or harasser. Where bullying or harassment are found to have occurred, make sure that the solution, eg transfer, does not penalise the victim.

Trade unions may have a role in cases of bullying and harassment. They can provide the following:

• support for claims
• guidance and support for the person making the claim or the alleged bully or harasser
• accompaniment to hearings
• help in eliminating a bullying culture

Subjects covered in this guide

• Introduction
• What is meant by bullying and harassment?
• The impact of bullying and harassment
• Recognising bullying or harassment
• Prevent bullying and harassment
• Draw up an anti bullying and harassment policy
• Dealing with bullying and harassment claims
• Here's how I developed an anti bullying and harassment policy

 

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