Bullying and Harassment in the Workplace: A Guide for Employers and Managers

Bullying and harassment in the workplace are serious issues that can have a profound effect on employee well-being, productivity, and organisational culture. 

As an employer or manager, it’s crucial to understand these behaviours, their legal implications, and how to effectively prevent and address them. This guide will provide you with comprehensive information on bullying and harassment, including the new legal requirements effective from 26 October 2024, and practical steps to create a safe and respectful work environment.

ClearTalents offers a free demo of our enterprise-grade diversity, equity, and inclusion (DEI) software. This software includes easy-to-use tools to help HR and line managers recognise and support various employee experiences and difficulties. Explore how our DEI platform can help you create a more inclusive and welcoming workplace.

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Understanding Bullying and Harassment

What is Workplace Bullying?

Bullying involves negative behaviour targeted at an individual or individuals, repeatedly and persistently over time. It can take many forms, some directed personally, others related to work activities.

What is Harassment?

Harassment is unwanted behaviour that violates a person’s dignity or creates a hostile environment. It’s related to protected characteristics under the Equality Act 2010, including:

• Age
• Sex
• Disability
• Gender (including gender reassignment)
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sexual orientation

What is Sexual Harassment as Defined By the Equality Act 2010?

Sexual harassment, a form of harassment, encompasses unwanted behaviours of a sexual nature, such as: 

• Unwelcome advances, making inappropriate comments or physical gestures
• Sexually suggestive jokes that create discomfort
• Inappropriate touching that’s non-consensual or unwanted

The law protects individuals from workplace sexual harassment, making it clear that such behaviour is unwelcome and unlawful, which can result in serious consequences for the perpetrator and employer if they fail to intervene. 

When and Where Can Bullying and Harassment Occur?

Bullying and harassment can happen:

• In and out of work hours
• Face-to-face
• By phone or text
• By email or letter
• On social networks

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Recognising Signs of Bullying and Harassment

It’s important to be able to identify potential signs of bullying and harassment in your workplace. Look out for:

1. An employee suddenly experiencing changes in behaviour or mood, such as becoming withdrawn, anxious, or irritable
2. Decreased productivity or quality of work
3. Increased absenteeism or frequent sick leaves
4. An employee being consistently excluded or absent from meetings or social events
5. Crying, anger outbursts, or visible nervousness around certain colleagues
6. Physical symptoms like headaches, sleep problems, or unexplained pain
7. High turnover in a particular department or team

Remember, these signs don’t necessarily mean bullying or harassment is occurring, but they warrant further investigation.

Employers now have a proactive duty to take reasonable steps to prevent sexual harassment of their workers. This duty extends to preventing third-party harassment (e.g., by customers or clients).

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How to Support Employees Experiencing Bullying or Harassment

If an employee reports bullying or harassment, take the following steps:

1. Listen and support: Take the report seriously and reassure the employee.
2. Document everything: Keep detailed records of all incidents and communications.
3. Follow company procedures: Adhere to your organisation’s established policies for handling complaints.
4. Conduct a fair investigation: Engage trained personnel to handle the investigation impartially.
5. Take appropriate action: Implement disciplinary measures if harassment is confirmed and provide ongoing support to the affected employee.

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What Are My Rights and Responsibilities Concerning Sexual Harassment?

The Equality and Human Rights Commission (EHRC) has published guidance on the steps managers and employers can take to prevent workplace sexual harassment. Follow these steps to prevent bullying and harassment under the new guidance.

1. Develop an Effective Anti-Harassment Policy

Your policy should:

• Clearly define bullying and harassment, including examples
• State that such behaviour is unacceptable and unlawful
• Outline the complaint procedure and potential disciplinary actions
• Address third-party harassment

2. Conduct Risk Assessments

Regularly assess your workplace for factors that might increase the likelihood of harassment, such as:

• Power imbalances
• Lack of diversity
• Job insecurity
• Lone working or night shifts
• Customer-facing roles
• Work-related social events

Consider the risks of sexual harassment and bullying occurring during the course of your team’s daily workplace activities. Using this information, determine the most appropriate steps you can take to reduce those risks and prevent harassment from taking place, and implement them accordingly.

3. Implement Clear and Confidential Reporting Systems

Provide multiple channels for employees to report concerns or incidents, including anonymous options. When allegations arise, definitive and decisive intervention is vital for managers and employers. If these are reported, ensure that you are following the established procedures for reporting and investigating as outlined in your company policy. Ensure that the privacy of all affected parties is respected and all discussions are kept confidential to the greatest extent possible.

Through ClearTalents’ confidential DEI software platform, organisations can empower employees to communicate specific circumstances transparently and discreetly. The ClearTalents tool facilitates open and confidential dialogue, enabling companies to proactively intervene and make suitable adjustments that allow each employee to perform at their best without any fear of reprisal.

4. Conduct a Thorough, Impartial Investigation

Investigating allegations of bullying or harassment requires thoroughness and diligence, where employers and managers should:

• Involve HR or trained investigators to ensure sensitivity, confidentiality and the elimination of bias.
• Keep detailed records of all statements, communications, findings and actions.
• If harassment is confirmed, implement appropriate disciplinary measures in line with organisational policies.
• Provide ongoing support to the affected victim(s) whether it’s counselling or workplace adjustments to ensure their well-being.

5. Provide Regular Training

Ensure all employees, including managers and senior staff, receive training on:

• Recognising bullying and harassment
• Expectations and obligations defined by relevant organisations like the EHRC
• Responding to incidents
• Handling complaints
• Bystander intervention (i.e. how to intervene when witnessing harassment)
• The impact of macro- and micro-aggressions
• Possible unconscious biases which may promote unintentional harassment

6. Foster a Positive Workplace Culture

• Appoint a senior champion to lead on strategy and awareness
• Encourage open communication and bystander intervention
• Model respectful behaviour in your interactions
• Solicit feedback on workplace culture
• Promote a zero-tolerance approach to harassment
• Recognise and celebrate respectful behaviours

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Bullying and Harassment Charities, Resources and Organisations

Several organisations in the UK offer support and resources for individuals experiencing workplace bullying or harassment:

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The Role of ClearTalents in Ensuring Compliance and Support

ClearTalents offers a comprehensive Bullying and Harassment profile tailored to each organisation. This profile:

• Ensures every employee accesses and confirms reading the Workplace Bullying and Harassment Policy
• Allows individuals to report experiences or witnessing of bullying, harassment, or sexual harassment
• Provides access to relevant company processes and support resources
• Enables ongoing updates and controlled sharing with managers or D&I teams

At just £1 per employee per year, this profile is an affordable way to meet your legal obligations and create a safer workplace.

Once the profile has been submitted they can update it at any time they have a concern and they control whether it is shared with their manager or Diversity Equity and Inclusion (DEI) team.

Request a Free Demo of Our Bullying and Harassment Profile

Published on: 15/10/2024

Author: Robin Christopherson, Content Manager