The topic of bullying at work was in the mainstream media in April 2023 after the resignation of the then deputy prime minister, Dominic Raab after an investigation in to claims of bullying made against him; especially after his underwhelming acceptance of the allegations against him, famously stating that “in setting the threshold for bullying so low, this inquiry has set a dangerous precedent” in his resignation letter.

Dominic Saab’s resignation came less than two years after Priti Patel (then Home Secretary) was accused of bullying and was found to have been in breach of the ministerial code.

What is Bullying?

When it comes to dealing with bullying at work, as a business you need to identify or define what ‘bullying’ is, so you can ensure your employees have a clear understanding of what it actually means.

In guidance from ACAS they say that there is no legal definition of ‘bullying’ but it is described as unwanted behaviour from a person or group that is either:

• Offensive, intimidating, malicious or insulting
• An abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.

This behaviour could be a pattern or a one off, face to face, on social media, emails, phonecalls, outside of work or in work, and it can go unnoticed by others. It could be among peers, or in a senior/junior relationship (and despite what you might think, a senior person can be bullied by a junior person).

The union Unison also has some clear guidelines and defines bullying as persistant offensive, intimidating, humiliating behaviour, which attempts to undermine an individual or a group of employees.

Likewise Indeed.com has some advice about bullying, describing a workplace bully as someone who repeatedly harms or mistreats employees by causing them pain or engaging in other forms of physical or verbal harassment.

Legal firms often describe bullying as offensive, intimidating, malicious, insulting or humiliating behaviour, or an abuse of power or authority which attempts to undermine an individual or group of employees, and which may cause them to suffer work-related stress.

There is no shortage of information about what bullying may involve, leaving organisations with no room to claim ignorance on the subject.

Examples of bullying

Bullying takes different forms, so to illustrate the breadth of possibilities, it’s helpful to outline some examples to bring the topic to life.  Examples could include:

• Setting someone up to fail / setting impossible targets
• Spreading malicious rumours about someone
• Making humiliating comments about someone online
• Undermining someone’s authority
• Undermining someone’s competence with constant criticism
• Ridiculing someone openly, by blaming or criticising them in front of others
• Making threats about the security of someone’s employment if they exercise a right, or make a reasonable request

At work, it’s unlikely the bullying will take a physical form, and it will be more verbal and emotionally challenging behaviour.

Reality

If someone expresses upset about another person’s behaviour towards them does that automatically make them a bully?  Unfortunately, there are shades of grey when it comes to this issue.  The investigation into a complaint will be key in identifying if it was a reasonable response to someone’s behaviour.

If a someone says, “Your shoes are an interesting colour!” and the recipient of the comment states they are offended or feel belittled, does that mean they’re being bullied?  The question is whether it was reasonable to expect someone to be offended or feel belittled by a comment.

However, if someone says, “Come on, old man, do you need a sit-down?!” even as a joke, the question of whether it was reasonable to be offended by that comment may be easier to answer.  But it’s rarely that easy, so the investigation into the behaviour and the context needs to be done with an open mind, and with the definition of bullying and the relevant complaints procedure front and centre.

Direct financial risks to your business

The most obvious risk employers will be concerned about is the risk of a legal claim.  So what does that actually mean, and what is the risk?

Under the Equality Act 2010, if the bullying is due to a ‘protected characteristic’ then it is classed as harassment.  Protected characteristics are:

• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation
• Pregnancy (also covered under direct discrimination legislation)

Any harassment claim at an employment tribunal under the Equality Act 2010 has an uncapped potential award. This means it’s difficult to quantify the potential financial risk, but the cost of defending a claim will be substantial (by current estimates, upwards of £15k), without including the compensation the Tribunal panel may award, if the claim is successful.

The other risk of a bullying claim is for constructive dismissal (Unfair Dismissal). This would arise if the employee feels the bullying is so bad they have no option but to leave.  Awards for Unfair Dismissal are capped at around a year’s salary, or c.£90k, so still represents significant financial risk.

Indirect financial risks to your business

The impact of having a workplace which tolerates (or fails to address) bullying could be serious.  Your workforce will operate in a state of fear,  afraid to make mistakes or put forward new ideas.  This does not engender creativity or engagement at work, both of which will affect your productivity.

Your attrition rates will increase as employees leave what they feel is a ‘toxic’ culture. As a result your recruitment costs will go up, and you will lose talent.

In addition, do not underestimate the power of reputational damage.  Social media platforms provide an opportunity for unhappy employees to share their experiences. With the advent of websites like Glassdoor, employers who fail to deal with bullying will quickly be exposed, making it even harder to attract and retain talent. It may also affect the success of the business. Potential customers may choose a competitor due to the reputation you have as an employer, directly hitting your bottom line.

Practicalities of dealing with it

The first thing to do is make sure you have an anti-bullying and harassment policy place. You should ensure it’s shared with all your workers, and that it is followed. This is a communication and training piece, AND a leadership one.  Leaders must lead by example, otherwise the policy ‘isn’t worth the paper it’s written on’ (to coin a phrase).

Best practice is for employers to create an inclusive culture.  Peter Cheese, CEO of the CIPD states workplaces should have a “safe culture where people can speak up, where differences are respected and celebrated.” Research by the CIPD shows that employees are looking for an inclusive and supportive culture.

As well as having a policy and communicating it to everyone, leaders and managers need to ‘walk the walk’. Managers need training to recognise bullying, encourage people to flag concerns to them, and ensure they investigate and address it.  There should be a consistent approach, therefore following policy and procedure is key.  The investigation must have integrity and confidentiality so any subsequent decisions are fair and reasonable, and are seen as such.

Dealing with bullying is never easy, undoubtedly, but it needs to be done reduce risk to your business. If you have concerns about culture in your business and you don’t know where to start, get in touch here.

As an employer it’s important to know of any forthcoming employment law changes. Being aware of the changes ensures you can prepare for them and protect your business from any legal claims. Here’s a rundown of the changes taking effect from April 2020.

Introducing parental bereavement leave

An Act passed in 2018 has resulted in the introduction of parental bereavement leave to provide support for bereaved parents. The leave will be available to parents who lose a child under 18, or suffer a still-birth in the later stages of pregnancy.

What is it?

Employees will be entitled to 2 weeks leave, and employees with 26-weeks continuous service will also be entitled to pay at the statutory rate. This leave is separate from the statutory right to unpaid time-off in an emergency, and compassionate leave which is discretionary.

Action to take

Employers should take the following steps, prior to April 2020:

• review your current leave policies and decide if you will follow or exceed the minimum requirements of this legislation;
• review and update policies and handbook to include this entitlement, as well as any other policies which may benefit from this information (for example, any family friendly policies);
• consider if you need to review and update other content in your handbook, and
• review and update your contracts of employment, so they are fit for purpose.

More information

Changes to written statements of particulars of employment

The current law states that written statements must be issued by employers to their employees within 2 months of their start date.  The new law will require employers to give all workers (not just employees) a written statement on or before their start date. In addition the written statements must include:

• the hours and days of the week the worker /employee is required to work, if they are varied and how;
• any details of a probationary period;
• their entitlements to paid leave;
• any details of training provided by the employer and
• other benefits not covered elsewhere in the written statement.

Action to take

Employers should take the following steps, prior to April 2020:

• be aware of exactly what needs to be included in the written statement;
• know about any other information which needs to be provided to employees in writing;
• ensure you have a template statement / contract of employment which is ready to use, should you need to make a new hire and
• review your current written statement / contract of employment to ensure it complies with the new requirements.

More information

Increase in the holiday pay reference period from 12 weeks to 52 weeks

The reference period for calculating holiday pay for workers with irregular hours will change. Employers will need to look back over the past 52 weeks for the purposes of calculating holiday pay.

IR35 changes for the private and public sector

The public sector IR35 reforms will be extended to cover medium and large private-sector employers. This means that responsibility for determining if IR35 applies to independent contractors will shift to the organisation, not the individual. Employers should review whether they fall in to the category ‘medium’ or ‘large’ employer and then review their contractors and pay arrangements to determine how the new rules will affect them.

More information

If you’re concerned about what these employment law changes mean for your business and need help in preparing for them, please get in touch with Helpful HR.

Congratulations! You have achieved that long yearned for appointment or promotion in to a leadership role. The joy of your success may be palpable, and rightly so. However, an element of apprehension may make an appearance at some point.

Here are some top tips for any newly appointed leaders out there, to make sure you’re set for success.

Identify some quick wins

The first 100 days is a typical gauge of success, so speak to key people to identify some quick wins and find the right people to deliver them. Motivate, monitor and measure their progress, provide support and celebrate the successes. Make sure that the delivery of the quick wins sets the tone of your leadership style and be consistent.

Meet people and listen

Your success is dependent on other people, both in and outside of the business.  Make a commitment to meet:

• your direct reports and key people in their teams
• other leaders in the business (if you’re part of a senior leadership team)
• key partners in other business areas, with whom you can share knowledge
• key customers and suppliers

When you meet with them, ask questions about how things are going and what could be better. Listen to their thoughts and opinions and make notes.

Create a long-term plan

Whilst the quick wins serve a purpose, you also need to think long-term. Use the information from your initial meetings to identify the long-term priorities. Ensure you communicate to your team about these priorities and your reasoning. Ask for feedback, listen, then make a final decisive plan, identifying the ‘what’, ‘why’, ‘who’ and ‘when’ for each of your priorities.

Overcommunicate

Be visible and accessible. Arrange and stick to regular meetings with peers and direct reports, as well as key project leaders. Share information with them and ensure they share their progress with you.  Involve your direct reports in defining the ‘how’ in your plan. Your success is dependent on how it is delivered, as well as the ‘what’, ‘why’, ‘who’ and ‘when’.

There are many other things you could do, and there are many articles about successful leadership if you look for them. But these tips should help to send you off in the right direction. If you need support in a new leadership role, get in touch with Helpful HR.