Tips and tactics for resolving workplace bullying
In the second of 2 articles, Emma Wilkinson and Tracey Moss consider strategies for dealing with a bullying problem at work
This article was originally published in the March/April 2017 issue of Adviser magazine and was correct at the date of publishing.
As anyone who has experienced or witnessed workplace bullying will know, the effects can be very serious, both personally and professionally. Due to the complexities of the law, and the practical challenges of trying to resolve a workplace problem through a court, in most cases non-legal resolution is preferable, though for a detailed examination of the law, please see Matthew Bradbury’s article ‘Workplace bullying and harassment - the law’.
Options for resolving a workplace bullying situation
A person facing bullying at work has several options for dealing with it. We suggest the following options should be considered:
- Informal action
Informal action will involve speaking to a manager about the problem so the client will need to be able to articulate the problem and, ideally, be able to suggest some preferred solutions. There is no requirement as to when, where or how the discussion takes place so it could range from a short shop floor discussion to a face-to-face meeting.
Sometimes employers will refuse to deal with an informal complaint unless the client puts it in writing. If the client would prefer informal resolution they should make it clear that all they want is for the employer to try to get the bullying to stop and there does not need to be an investigation. However some brief notes about what happened might be useful for the employer.
2. Formal action
Any complaint made in writing is ‘formal’. This is because a written complaint should initiate a formal grievance procedure which leads to an investigation, a grievance meeting, a written outcome and the opportunity to appeal.
If that does not work, or if the client does not want to use those options, then it may be necessary to move on to legal action.
3. Legal action (if that is possible on the facts of the case)
Where a problem amounts to unlawful conduct, resolution via a claim to an Employment Tribunal may be appropriate. There are fees for this but if the client is on a low income they may be able to get these reduced by up to 100% by requesting ‘Help with Fees’. There are strict time limits for bringing a claim to an Employment Tribunal. The client has three months less one day from the date of the unlawful act of bullying to enter into mandatory Acas early conciliation prior to bringing a claim.
4. Resignation
In some circumstances resignation is an appropriate option, either with or without the possibility of claiming constructive unfair dismissal.
Taking sick leave can be an option if the client is struggling to cope, but it is not a way of resolving the problem — it will still be there when they go back to work and being off sick makes the client vulnerable to dismissal.
Formal or informal action?
Deciding how to approach a bullying situation can be quite nuanced.
It is useful to consider how resilient the client is. Entering into formal action will require the individual to be able to sustain the questioning of an investigation and have the capacity to deal with the outcome.
The nature and severity of the bullying is also a consideration. Serious discriminatory behaviour really needs a formal grievance because the employer may need to take disciplinary action.
It is also essential to consider what the client wants out of the situation. If it is just to get the bullying to stop, an informal approach might be best. If they want compensation it probably needs to be formal.
It is also useful to consider who the bully is. A lone bully may be tackled through informal action, but where there is systemic bullying throughout the organisation, caused by poor management, it is going to be much harder to deal with, and formal action may well then be necessary.
If the bully is the employer you should consider whether they are likely to be interested in resolving the issue. It may be better to speak to a sympathetic manager informally who might be able to help. It is worth considering whether there is a ‘top down’ dysfunctional management where the senior managers are likely to want to avoid the problem, in which case most informal actions are likely to be fruitless.
What action might follow? Potential outcomes to consider
When deciding how to resolve a bullying problem it is useful to consider the outcomes a client might realistically expect. If the client would like the employer to consider one particular course of action, they should suggest it. These can include:
- A formal investigation
Following receipt of a written grievance, the employer will have to interview everyone, decide who they believe and possibly take disciplinary action if the allegations of bullying are proven. This may result in a bully being dismissed, but not usually. This will usually only happen where a formal complaint is made - this is not a legal requirement but, practically, the employer needs to know what they are dealing with in order to resolve the situation.
2. The client or bully is relocated
This ought to be the client’s choice - it should not be forced upon them. However, being removed from the situation can be a mutually beneficial outcome in a bullying situation. The relocation of the bully is only likely to be after a grievance against them is upheld.
3. Action is taken against the bully
The bully may be spoken to and made aware of the impact of their actions. They may be given training (this is particularly useful where the problem is poor management). If a formal investigation finds that the bullying occurred, the bully may be disciplined and dismissed or relocated. However, this is not a common outcome, particularly in non-discrimination cases.
4. The employer takes wider action
This could be something like company-wide ‘dignity at work’ training, or the setting up of an anti-bullying task group.
5. Mediation
This is rarely considered but is a useful option where there is some underlying conflict between the parties. A neutral third party will help the parties to understand each other’s views and find a way of working together. Some large employers have internal mediation services but more usually an external mediator is engaged, so the employer will need to be persuaded that the costs are justified.
How an adviser can help a client
Be mindful
You only have the client‘s side of the story. Being too partial can be a barrier to resolution.
Be a ‘critical friend’
In some cases there will be another version of events, or a reason for the treatment — try to get the client to recognise this. For example, if the behaviour is related to the client’s performance, trying to understand the pressures on their own manager could help with finding a way of resolving the issue (e.g. if the manager has had no training, or is under pressure; this does not excuse poor treatment but it does help to understand why it is happening).
Focus on facts
Most clients will be highly emotional. You have to acknowledge that and be able to convey it to the employer. However, the employer will need to understand what has happened in order to deal with it. Getting the facts written down early on is vital if legal action is a possibility.
Encourage the client to keep a diary
Advise the client to keep a record of what happened to them so they can use this as evidence, including copies of texts, emails and social media posts. Noting the time, date and location of any incidents, what was said or done, who was involved, if there were any witnesses and evidence of any similar incidents involving other colleagues will often prove invaluable evidence.
Manage their expectations
The potential outcomes in any bullying scenario are very wide and dependent on factors outside your control. However, helping a client understand their problem, their options and the next steps they have available to them can prove invaluable.
Make the business case for dealing with bullying
If the client suspects that the employer will be reluctant to deal with the matter, they could refer them to the Acas publication, Bullying and Harassment at Work - A Guide for Managers and Employers. This spells out the costs to employers of failing to deal with bullying - including poor productivity, poor customer service, high sickness levels and reputational damage.
Further tips and tactics
The Citizens Advice Expert Advice Team has produced a case study video following a fictional client called Lisa who experiences bullying in the workplace. The video looks at Lisa’s workplace problem and helps her consider her options to help her resolve the situation.
The video is available on YouTube via this link.
Tracey Moss and Emma Wilkinson are employment experts in the Expert Advice Team at Citizens Advice. Emma is also a member of the Adviser Editorial Board and @emmawilksCAB
