Bullying and harassment

The situation

While most companies have policies on preventing bullying and harassment in the workplace, too many organisations have workplace cultures in which people are afraid to challenge inappropriate behaviour or are not treated seriously when they do so. As a result, far too many employees continue to face unfair treatment in the workplace. As well as the ethical importance of treating everyone with dignity and respect, there is a strong business case for employers to tackle bullying and harassment. By doing so they can build higher levels of inclusivity and employee commitment and morale. This can result in better performance and productivity, as well as lower levels of employee absence and turnover. There is a also a compliance issue, because employers have a duty of care for employees to ensure they work in safe working environment. 

Bullying and harassment exist at the more severe end of workplace incivility. There’s no legal definition but Acas describes it 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.”

You can find more information about how employers are tackling bullying and harassment in our survey report. Our evidence review explores incivility and bullying in the workplace.

The research shows that 25% of employees say they have experienced conflict or abuse in the last 12 months. The evidence shows how bullying and harassment can occur across a wide spectrum of behaviours, ranging from extreme forms of intimidation, such as physical violence, to more subtle forms such as an inappropriate joke. While 70% of employers agree that they have effective procedures for resolving interpersonal conflict, this confidence is not matched by employees who experience conflict, with just 36% reporting that it has been fully resolved.

With a new statutory duty on employers to prevent sexual harassment, it’s vital that they put in place effective steps such as risk assessments and training and development interventions.

CIPD viewpoint

Organisations should not tolerate any form of unfair treatment such as bullying or harassment. Employers have a duty of care to ensure that employees work in a safe environment, are treated with respect, and enjoy quality of working life.

Workers subjected to bullying or harassment can experience stress, loss of confidence and motivation, and higher levels of sickness absence and disputes, all of which may lead to increased staff turnover and less productive teams.

Employers should have clear policies on dignity and respect at work, highlighting the behaviours expected by all employees. Managers at all levels should understand their role in leading by example, challenging inappropriate behaviour, and responding promptly and consistently to any complaints of bullying or harassment.

All allegations of bullying and harassment should be taken seriously and investigated promptly and fairly, with formal action taken where necessary.

Actions for the UK Government

• Narrow the gap between legislative compliance and workplace practice by partnering with organisations like the CIPD, Acas and the EHRC to raise awareness of employers' obligations and to ensure advice and guidance for dealing with bullying and harassment is consistent and accessible.
• Support a ‘Know your rights’ campaign in partnership with bodies like the CIPD, Acas and Citizens Advice, trade unions, and professional bodies to ensure that the workforce is aware of their rights at work and how to raise issues of concern.
• Take further legal and/or regulatory action to ensure that employers cannot misuse non-disclosure agreements (NDAs) or confidentiality clauses in settlement agreements – these should never be used to silence victims where there are allegations of bullying and harassment.

Recommendations for employers

• Put in place a robust and well-communicated policy that clearly articulates the organisation’s commitment to promoting dignity and respect at work, and the behaviours expected.

• Implement an effective conflict resolution framework where any difference or inappropriate behaviour are addressed at source, at the earliest opportunity.

• Build an inclusive workplace climate based on celebration and acceptance of every individual. Positive relationships at work should be underpinned by an open and collaborative management style, good teamworking, and healthy interactions with peers and managers.

• Use training and guidance to ensure that senior leaders and managers role-model and champion appropriate and healthy behaviours.

• Ensure there are mechanisms for personal accountability, particularly for those in positions of influence or those with discretionary or decision-making power.

• Ensure the ethical use of non-disclosure agreements (NDAs) or confidentiality clauses in settlement agreements by considering if they are wholly necessary and ensuring that they are never used to silence victims or cover up inappropriate behaviour and wrongdoing, such as bullying and harassment.

• Train line managers to manage people properly, including spotting and dealing promptly with inappropriate behaviour, conflict or other situations that could escalate into harassment and bullying.

• Implement effective reporting channels and give employees a range of options including an anonymous and confidential channel, and make sure there are trusted sources of help such as a dignity at work adviser.

• Investigate all complaints fully and fairly, and ensure formal grievances are resolved in line with the Acas Code of Practice on grievance and disciplinary procedures.

• People should be encouraged to play their part in making dignity and respect, and equality, diversity and inclusion policies a reality, and to challenge inappropriate behaviour.