With the recent allegations of bullying coming out of No.10, it has thrown the issue of bullying at work into the spotlight once again. The true extent of bullying at work is more widespread than people realise, mainly because employees are afraid to report it. This needs to change, says Philip Landau, employment law solicitor and partner of law firm Landau Zeffertt Weir, who explains how you can most effectively manage the situation if you find yourself being bullied at work. .

In a shocking survey by UNISON (the largest public sector union) and Company Magazine, it seems bullies are making life hell for a third of young working women.

Results further revealed that more than two thirds of those being bullied in the last six months say it is ongoing, and that the most common bully is an older woman in a more senior professional position. And yet only 22% of women will report the bullying, whilst the remainder will quietly accept it or ultimately tender their resignation.

I receive many enquiries from employees, both male and female, who are being bullied. I am surprised at the findings of the recent survey, not so much at the statistics of the bullying allegedly taking place, but that a large number of the perpetrators are female.  This is, however, in line with the indications from the survey that many incidents of bullying are not being confronted by the employee. Although the survey was in relation to females, it is clear from my experience that the male bully (against males and females) is also positively still alive and well.

Workplace bullying can be defined as offensive, intimidating, humiliating behaviour, or abuse of power or authority, which attempts to undermine an individual and which may cause them to suffer stress. This includes staff being constantly criticised, being the butt of jokes, having responsibilities removed, being given trivial tasks, or even blocking promotion.

There is, at present, no legal claim that can be made for bullying alone. The situation is different where you are being “harassed”, which means you are the subject of offensive or intimidating behaviour that can be classed as discriminatory. Some examples of harassment are allowing displays or distribution of sexually explicit material or giving someone a potentially offensive nickname. There is now a call to put bullying legislation in place so that it carries the same weight and enforceability as harassment.

Most employers should nevertheless not tolerate bullying and steps should be taken to deal with this where it becomes known. But what should you do if you are the victim of bullying?

Firstly, you could talk informally to another colleague or manager in the business about the situation. It could be that someone who, for example, believes they are being given a more demanding workload as compared to their peers may actually find out that they aren’t being as singled out as they think. You could also try and talk to the bully direct. This will not be easy, but the bullying may not be deliberate. If you can talk to the person in question, he or she may not realise how their behaviour has been affecting you.

If you feel you can’t talk to the bully or deal with the matter informally, then you are able to lodge a formal grievance with the bully’s line manager. Your employer would be duty bound to investigate this and this may result in the bully being disciplined. This can make it difficult for continuing working relations, but if you want to keep your job you have to place trust in your employer taking action against the bully. If necessary, you should lodge further grievances if the situation does not improve.  If you work for a small company and the bully is the owner of that company, then you should again follow the grievance route if possible but it is pretty clear that in such a claustrophobic environment  any ongoing relationship will be unlikely to work out..

It is important that you keep a written record or diary of every bullying incident as you may need to rely on this if you take legal action against your employer. Also, you should retain any email evidence. It is amazing how many bullies incriminate themselves by firing off unsavoury emails without even realising it.

If you think that making a complaint will cause further bullying or harassment or you are being violently abused, you don’t need to follow normal grievance procedures. In cases like this, you can resign and claim constructive dismissal – although you should take professional advice before you do so and make sure you have sufficient evidence to back up your case.

Many people who are bullied will be signed off by their GPs for stress, and rightly so. For those employees, it becomes increasingly difficult to return to work the longer they have been signed off. It may be that a mutual departure to include a lump sum payment can be negotiated in these circumstances and this is familiar territory for most HR departments. Again you are best off seeking professional advice on this as they are best placed to negotiate a favourable settlement.

It is certainly my experience that most employees will eventually leave rather than confront the bully. It’s a shame if a robust career in a company is brought to an end in this way. Employers do need to be more aware of what is going on with their managers, who are not always experienced and properly trained in how to deal with staff who are reporting in to them.

Jobsite have partnered with specialist employment law solicitor Philip Landau, to bring you expert advice on your rights in all key areas of your working life. As a Jobsite user you are also entitled to receive a free initial consultation on all employment law issues from Philip.

Philip can help with a number of legal problems; perhaps you feel your employer isn’t following their legal responsibilities, you believe you have been dismissed unfairly or you are unsure about clauses in your contract. Once he knows your specific situation he can let you know what your rights are and what action you can take.

To get in touch with Philip, click the link below and he will contact you to discuss your situation in more detail.

Philip Landau is a solicitor and partner, specialising in employment law, in the London legal firm Landau Zeffertt Weir.

Click here to here to contact Philip

DISCLAIMER

This is a reworked article from November 2009.

The information and any commentary on the law on this web site is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying upon it, is assumed by either Jobsite or Landau Zeffertt Weir. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a solicitor about your case or matter and not to rely on the information or comments on this site.

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