Bullying & Harassment

Bullying & Harassment

ACAS describes bullying as follows

Although there is no legal definition of bullying, it can be described 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

Bullying might:

• be a regular pattern of behaviour or a one-off incident
• happen face-to-face, on social media, in emails or calls
• happen at work or in other work-related situations
• not always be obvious or noticed by others

It's possible someone might not know their behaviour is bullying. It can still be bullying even if they do not realise it or do not intend to bully someone.’

Harassment

Protection from harassment in the workplace comes from Section 26 of the Equality Act 2010. Any unwanted conduct/behaviour related to a protected characteristic that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment is classed as harassment. The relevant protected characteristics are: age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.

Many of the individuals our Trade Union Representatives have supported over the years start off thinking no one will believe them as its usually their word over the alleged bully’s word - which is true a lot of the time. However, where you can tip the scales in your favour is keeping a diary of all incidents and events, including the date, time, description  of what happened, who was there (witnesses), how it made you feel, whether you or someone else said anything about the incident and anything else that could be useful.

What usually happens when someone is being bullied or harassed is that they let things build up and then one day, they raise a complaint and try to throw as much at the alleged party as possible, which is usually denied and it becomes a ‘he said, she said’. By having a diary of events that can be used to build up a picture over time of the sort of behaviour the bully is perpetrating, even without direct witness or written evidence, the accuser will find it more difficult to get away with it.

It is also important to warn the alleged bully or harasser and let them know you do not appreciate their tone or the language they are using or that they should simply stop their unwanted conduct. If you are shouted at, calmly ask the person not to shout at you. If you are being micromanaged or being made to work in a way that is causing you stress, tell your manager that too and where possible, do this on writing or at least follow up the conversation via email, to clarify what was said.

It is important to do this, because some bullies will rely on the ‘I wasn’t aware it was a problem’ defence and that it was never brought to their attention. Or that they did not intend to offend you. In harassment cases, the intention of the perpetrator may be considered but ultimately it is based on the impact on and perception of the victim and whether the alleged conduct could have the effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.