Bullying and Harassment at Work

Bullying and harassment in the workplace is a serious issue for employers, often not given the attention it deserves despite employers being ‘vicariously’ liable for the acts of their employees.

Employers are often unaware of the problems developing in their workplace.  A common policy is to only act on reports of bullying, which ignores the common reality of a victim too intimidated to complain about their harasser.

On a practical level working days are lost with staff taking sick leave on account of stress and depression.  Morale and productivity in an open plan office can be seriously effected by   the behaviour of one individual un-noticed or unchecked by the management.

Legally there are increasing risks for the failure of employers to identify and stamp out bullying and harassment in the workplace.

Until recently there were two main risks:

1. Personal Injury Claims

In circumstances where identifiable injuries (such as stress and nervous breakdowns) have occurred a Court will consider whether the employer should have been aware of the bullying and whether it had taken adequate steps to prevent such conduct.

The damages in these types of matters can be substantial.

2. Employment Tribunal Claims

Claims for harassment can be brought where such conduct is on  the basis of age, race, sex, sexual orientation, religion or disability.  Even without identifying an injury the Tribunal can award substantial damages for injury to feelings.

The law has recently been expanded to include a third type of claim

3. Protection from Harassment Act 1997

Legislation designed to deal with the issue of stalkers has recently been expanded in a key House of Lords case. 

The Act provides that a person must not:

• pursue a course of conduct (defined as conduct on at least two occasions)
  which amounts to harassment of another
• and which he/she knows or ought reasonably to know amounts to harassment of another.

The House of Lords has held that an employer can be vicariously liable for harassment by an employee where the guilty employee's actions are sufficiently connected with the employment.

Unlike in employment and personal injury claims the employer does not have a defence that it took reasonable steps to prevent such behaviour.

As with employment law the victim does not have to show that an injury was suffered.

The limitation period for claims under the Act is 6 years. This is a marked distinction from the three months limitation period for employment claims and the three year period for personal claims.

HOW DO EMPLOYERS PROTECT THEMSELVES?

Employers will need to have a clear, firm and well publicised written policy on bullying and harassment with a disciplinary procedure that enables them to enforce this policy. 

Employers clearly need to be more vigilant but take care not to infringe on an employee’s privacy.   Management may need training to ensure that complaints are dealt with sensitively and appropriately. 

For more information please contact us at Stafford on 01785 211411, or at Rugeley on 01889 583871.

Published on web site - March 2007

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.