Bullying in the Workplace
WORDS I COLIN SANDILANDS
Claims of bullying at Number 10 Downing Street have hit the headlines recently. These stories have brought the issue of bullying in the workplace sharply into focus.
B
ullying might once have been thought of as something confined to the
school playground but for some time now there has been a growing awareness that it can also be a serious issue in the workplace. This is partly because there is now a greater understanding of the impact bullying can have on a person’s health. Recognising this, the law provides a
framework for dealing with workplace harassment targeted at individuals. Specific legislation deals with harassment based on an individual’s religion, sex, any disability, sexual orientation or age. However, not all bullying falls into one of
these categories. As such, the Protection from Harassment Act 1997 deals with bullying and harassment on a more general level. Although the Act was not drafted with the workplace specifically in mind, it can nevertheless cover behaviour in the workplace. The Act’s starting point is that everyone has a right to be free from harassment. It says that no-one should act in a way that is intended to harass another, or which a reasonable person would think amounts to harassment. So far, so good. However, it has
become apparent that the Act can be difficult to apply and enforce in a workplace setting. Firstly, what behaviour is the Act aimed
at? Most would agree that bullying can take many forms. As well as physical intimidation, it can also include, for example, spreading unfounded rumours, humiliating someone in front of colleagues or clients, being overly critical of a person’s work or ignoring and marginalising someone. All of this can leave an individual anxious and upset or can even cause psychological health problems. In recognition of this, the Act clarifies that harassment can include things said to others. However, in practice the Courts are not
applying the legislation to many instances of what some would think amounts to
bullying at work. Recent cases suggest the Courts are setting the bar high in that, to amount to harassment under the Act, the conduct may have to be serious enough to warrant a criminal investigation by the police. Secondly, the remedies under the Act
do not sit particularly well with a workplace environment. The Act provides that the victim can, in some cases, obtain a Court Order requiring the bully to stop acting in a particular way. This can be straightforward away from the workplace where someone can be required not to approach or contact someone. However, in the workplace people’s jobs may require them to interact, making it more difficult to regulate their conduct. That said, the Act also
allows a victim in some cases to claim money in compensation for the bullying. Indeed, employers should be aware that they can be held responsible for bullying by one of their employees. It can therefore be in everyone’s interests for employers to foster a culture in which bullying is not tolerated. An important aspect of this can be to have in place, and to enforce, a bullying and harassment policy.
Colin Sandilands is an Associate specialising in Commercial Litigation with Stronachs LLP, Camas House, Pavilion 3, Fairways Business Park, Inverness IV2 6AA
Tel: 01463 713225 Fax: 01463 238177 Email:
colin.sandilands@
stronachs.com
the north magazine 49
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