Bullying in the workplace seems to be a growing problem – from No 10 Downing St where allegations were made recently against the Prime Minister to the smallest businesses under pressure to survive the recession.

More than a third of the 7,000 workers who took part in a recent survey by the trade union UNISON experienced bullying over a six month period - double the number recorded in 1997. Rudeness, criticism, excessive work monitoring, intimidation, exclusion and withholding information were among the top behaviours listed.

Around 80 per cent of victims say it has affected their physical and mental health and a third took time off work, or left their jobs as a result.

Practical help and support at hand
Recognising bullying as a problem, employers, unions and the government recently joined forces to promote new guidance on preventing harassment and violence in the workplace. The guidance, which follows a Europe-wide agreement between employers' organisations and unions, aims to give practical help and support to firms and their employees.

A copy of Preventing Workplace Harassment and Violence - joint guidance implementing a European social partner agreement, can be found at www.workplaceharassment.org.uk

The European agreement defines harassment and violence as unacceptable behaviour by one or more individuals that can take many different forms, some of which may be more easily identifiable than others. Harassment occurs when someone is repeatedly and deliberately abused, threatened and/or humiliated in circumstances relating to work. Violence occurs when one or more worker or manager is assaulted in circumstances relating to work.

Both may be carried out by one or more manager, worker, service user or member of the public with the purpose or effect of violating a manager's or worker's dignity, affecting his/her health and/or creating a hostile work environment, the guidance explains.

Bullying has far higher costs than litigation
John Batch, senior vice president in the FINPRO practice at Lloyd’s broker Marsh Ltd, agrees that bullying by managers can take many forms. “Shouting at employees, criticising staff for no good reason, blocking promotion, even overloading them with work, excluding them from particular activities, making them the butt of jokes: these things in isolation might not constitute bullying but when there is a pattern they may be considered bullying,” Batch says.

“The employee’s perception is very important. Their perception will influence how employees take an issue forward and the action they might take,” he adds.

Batch believes that bullying has always occurred in the workplace. But what has changed is how acceptable people find it today. “The types of behaviour that were once seen as commonplace or normal are now seen as bullying and are no longer acceptable,” he says.

But in the UK, as in most countries, there is no specific workplace legislation that addresses bullying. Existing legislation is around sex discrimination, race relations and disability for example. It could be to do with contravening human rights or, with ‘cyber bullying’, even data protection rights.

Batch says that rather than concentrating on the possible result of bullying behaviour, employers should try to influence the behaviour of individuals that might cause the problem in the first place.

An expensive court case and legal bill is only one of the problems that can arise from bullying.

“Bullying has far higher costs than the cost of litigation: lost time, reduced motivation, staff retention. These wider implications emphasise the need for employers to put procedures in place,” Batch points out. “Looking at the liability aspect there is also the possibility of employees suffering ill health. There could be allegations of stress and trauma and that could lead to claims under the EL policy.”

Recommended steps for a company
Lloyd’s insurer Hiscox and employment law specialists Bond Pearce recommend a number of steps that a company should take to avoid leaving themselves exposed to bullying claims:

• Implement a harassment policy setting out the kind of behaviour that constitutes harassment or bullying. Make it clear that these apply to all informal work gatherings, including those outside official working hours, as well as to formal work-related activities.
• Ensure relevant policies are brought to the attention of existing employees and to all new employees upon joining.
• Train managers and employees on the policy. Keep a record of those attending training and ensure all employees do so.
• Make it clear that all inappropriate acts, both in and outside of work, will be considered gross misconduct which may lead to dismissal.
• Issue reminders, re-running training sessions at appropriate times such as before the Christmas party.
• All allegations of discrimination should be investigated promptly, sensitively and fairly.
• Consider taking out Employment Practices Liability Insurance, which will cover legal costs should a discrimination claim be brought against you.