QUESTION

One of my employees has just informed me that they have been bullied over the past few months by their line manager. The bullying was so bad the employee called a bullying helpline for advice and is now threatening to 'go public' with her allegations. What should I do?

ANSWER

Bullying has hit the headlines recently following allegations made against Gordon Brown and revelations by the National Bullying Helpline that they had received calls from staff at No.10. Employers should always take allegations of bullying seriously because it can cause poor morale and damage a company's reputation. It can also lead to claims of constructive and unfair dismissal being brought to an Employment Tribunal, because victims of bullying can claim it breached the implied contractual term of 'trust and confidence' between employee and employer.

Bullying is characterised by offensive, intimidating or malicious behaviour designed to undermine or humiliate. Whenever a complaint of bullying is received employers should ensure it is investigated thoroughly, promptly and impartially. If, following the investigation, there are grounds for the complaint, consider how it should be dealt with. An informal resolution, such as an apology from the 'bully', is more appropriate for minor or 'one off' incidents. In more serious cases of bullying disciplinary action against the 'bully' should be considered.

To minimise the risk of bullying in your work place consider introducing a specific policy on bullying. This should:-

• Clearly state that your company does not tolerate bullying (a 'zero tolerance' approach).


• Give examples of bullying behaviour that can occur in the work place.


• State that bullying is considered a disciplinary offence.


• Confirm that all complaints will be treated in confidence.


• Set out an informal and formal procedure for dealing with complaints.

Managers should be given training on the policy and how to deal with any complaints. This is not only good business sense but having an 'anti-bullying' policy and training staff on it will assist you defend any Employment Tribunal claims.



Michael Briggs
Solicitor
Howes Percival LLP