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Bullying in the workplace - advice for employees

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Brian Rogers at law firm Lewis Hymanson Small gives the following advice to employees who are being bullied at work:

Reports of workplace bullying have doubled in the last ten years and the recession has put extra pressure on managers and bosses to get results meaning they may act in a way that is out of character. It can be hard to know where the line is drawn between having an assertive boss that is under pressure and one that is a bully. If your boss humiliates and offends you or makes a personal attack on you using personal traits then it is likely they are bullying you.

A verbal or written contact of employment, which is in effect from the moment you accept the offer of a job, brings a host of obligations with it.

You undertake to carry out the specified work in a reasonable and diligent way. Your boss, undertakes to pay you, meet his statutory obligations, and treat you with reasonable consideration and dignity. There is nothing in this contractual relationship that gives the employer any right whatsoever to treat you in an intimidating, detrimental, derogatory or offensive way. Any information, instruction or opinion which your boss wishes to impart must be communicated to you in a measured and businesslike fashion.

In the worst cases, bullying can be physical as well as verbal, intellectual and/or emotional.

If you feel you are being bullied at work, the organisation employing you has a duty of care towards you and the law is on your side. If the bullying takes the form of race, sex or disability discrimination or victimisation, you could bring a claim to an employment tribunal against your employer, your boss or both. If you are forced to resign due to intolerable bullying, you could make a claim for compensation, for constructive dismissal. Despite the fact that they run the risk of huge compensation claims, we come across businesses every day that fall foul of the law in this way.

What to do

If you are being bullied, keep a diary of dates, times, places and details of incidents, including the names of any witnesses. This will serve as evidence if you decide to make a formal complaint to your employer or take the case to court.

Bullies thrive on reactions it’s actually the main reason why they do what they do. Even if you don’t feel particularly confident try and appear as if you are and build up a mental brick wall against insults and aggression.

If you are being shouted at by your boss my advice is to wait until the storm has passed, repeat your concerns back to him/her and be specific about how to fix things. Distill the issues discussed in the outbreak. Your boss will expect you to be defensive or to break down, but instead make sure you communicate that you're a supportive employee and you’re on his/her team.

However, before you consider taking the matter this far, inform the person who is behaving as a bully, in writing preferably, that you consider their behavior to be a form of bullying, describe how it makes you feel and state your clear intention not to tolerate it. Also state that while you do not propose to take immediate further action, you will be forced to do so if the victimisation continues.

If that doesn't work, write a formal letter of complaint and copy the letter to your boss's boss and/or your solicitor and your Trade Union, if you are a member of one. If the bully is the CEO, a director or owner/manager of the organisation send a copy to the organisation’s solicitor too.

It’s advisable to discuss the matter with a trustworthy colleague, a friend, supervisor, your partner, or even your boss's boss (if there is one). Ask this person to help you plan what to do and to support you. A third party often brings fresh light to the problem and may be able to intervene.

If your organisation has a personnel or HR department, make them aware of the problem. Dealing with employees' welfare is an important part of the HR role and staff are trained to treat personal grievances in the strictest confidence.

If no-one in the organisation is prepared to take your complaint seriously, consider taking legal advice. It is likely that they will begin to take the matter seriously without delay. If you make a successful legal claim there is every likelihood that you will recover the costs of legal action from the offending party.

Posted March 2, 2010
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