LHC Factsheet - November 1999
Bullying at work

Bullying at work is any form of behaviour which is offensive, intimidating, malicious or insulting or is an abuse or misuse of power intended to undermine, humiliate, denigrate or injure individuals or groups.

Bullying leads to stress and then to illness and behavioural problems if prolonged. A very high proportion of people subjected to bullying change their job as a result.

Bullying is widespread at work. A survey by UNISON revealed that 66 per cent of the respondents had experienced or witnessed bullying. 34 per cent of those bullied reported that it had gone on for more than three years.

In over 80 per cent of cases, the bully was a manager. In almost all cases the higher management knew what was going on but did nothing about it.

Bullying can take many forms:

    direct verbal and physical threats unfair use of disciplinary and assessment procedures blocking access to promotion, training, overtime, etc. setting impossible deadlines and targets withholding information essential to do the job properly excessively tight supervision public humiliation including being shouted at persistent and undue criticism including inaccurate accusations about quality of work undermining responsibility abusive references to age, sex, race, disability or other personal characteristics spreading malicious rumours physical isolation from other workers.

Bullying is not just an interaction between individuals, there are organisational factors at work which can facilitate it. Among these are:

    an extremely competitive environment fear of redundancy, cuts or reorganisation little participation in decision making poor training deskilling no clear policies or codes of conduct poor procedures for resolving grievances and problems indifferent attitude of higher management towards behaviour by front-line managers

Bullying at work is a health and safety, an employment rights and a trade union issue. It causes job insecurity and adverse health effects and often arises out of an imbalance of power in the workplace which a trade union can address.

Safety representatives have a central role in curbing bullying at work by:

    raising awareness and providing education supporting members who are being bullied negotiating anti-bullying policies with management organising union action over bullying

Education and Awareness

Safety representatives can provide education on bullying in a number of ways:

    providing leaflets, feature articles and posters. Many unions now provide these materials for their members organising meetings to discuss the topic, perhaps with an invited speaker, and to draw up a union policy conducting a survey of the incidence of bullying

Some workers blame themselves for being bullied, developing feelings of guilt and inadequacy about their performance rather than identifying the bully as the cause of the problem. This factor should be taken into account in developing an education programme. Surveys should be strictly confidential and the results should be published. They work best as part of a broader plan of raising the issue with the management. A sample questionnaire is given in the MSF guide (see below).

Many unions now provide courses on bullying to bring representatives up to speed before they raise the issue in the workplace.

Support for Members

Representatives can provide invaluable support for members and other workers:

    providing advice and guidance for people who believe they are being bullied, e.g suggesting that they keep an "incident diary" representing members in any proceedings which take place raising the issue with management outside procedures which may be instrumental in getting it resolved assisting members to obtain medical and other professional help

Surveys show that victims of bullying have better success in getting a satisfactory outcome by allowing union representatives to handle the matter for them than by trying to tackle it themselves. Many sufferers are reluctant to complain, for obvious reasons, but the chances of dealing with the problem successfully are higher if the union is involved.

Anti-Bullying Policies

The Advisory, Conciliation and Arbitration Service (ACAS) has published guidance for managers and employers on bullying. This can form the minimum standard for an anti-bullying policy which representatives can negotiate with their employer. ACAS advises that a policy should include:

    a statement of commitment against bullying acknowledgement that it is a problem for the organisation a statement that it will not be tolerated and may be treated as a disciplinary offence examples of unacceptable behaviour steps to be taken to prevent bullying responsibilities of supervisors and managers confidentiality of complaints reference to investigative, grievance and disciplinary procedures with timetables for action protection from victimisation of complainants provision of counselling training for managers how the policy is to be implemented, reviewed and monitored

Representatives can build on this by adding the provision of information to employees, the extent of union involvement in procedures and ensuring that the timetable for procedures reflects the interests of victims rather than bullies. The union should get involved in negotiation or consultation on an anti-bullying policy before the employer acts on his own volition.

The ACAS guidance will influence the outcome of Employment Tribunal cases where bullying is a factor. Employers with no or an inadequate policy will be in a weaker position than those who follow the guidance.

Organising Union Action

The union should not leave it entirely to the employer to deal with bullying but should retain the ability to take action independently. Pleas to the employer to do the decent thing may not always be sufficient. In organisations where bullying is prevalent, a climate of intimidation can be created which is harmful for everyone. In the old union parlance, an injury to one is an injury to all.

Representatives should:

    ensure that instances of bullying are brought to the attention of members, if the victim agrees. Publicity can be a powerful deterrent. In the final analysis, if other methods have failed, members can choose to take action to defend a colleague inform their fulltime official if there is a likelihood of proceedings or a dispute. A timely intervention from outside the organisation can be effective ensure that members are properly advised if they need to draw upon union legal or other services and that any internal union procedures are properly carried out

The Legal Situation

There is no specific legislation on bullying. The Health and Safety at Work Act places a general duty on employers to protect the health, safety and welfare of their employees and the Management of Health and Safety at Work Regulations sets out the means of doing so. Anti-discrimination legislation, the Sex Discrimination, Race Relations, and Disability Discrimination Acts, may apply in some instances. The Criminal Justice and Public Order and the Protection from Harassment Acts may afford protection. The Employment Rights Act deal with the right to claim "unfair constructive dismissal" in the face of an employer's breach of contract which could include a failure to protect health and safety. However, expert advice should be obtained on all of these measures before any reliance is placed upon them.

Further Reading

Bullying and Harassment at Work: a guide for managers and employers, ACAS, 1999, can be ordered on 01455 852225

Beat bullying at work: a guide for trade union representatives and personnel managers, TUC, 10 for trade unionists, treats bullying from a partnership perspective

Bullying at Work: how to tackle it, MSF, 1995, 10 to non-members

Bullied: UNISON members' experience of bullying at work, UNISON with the Staffordshire University Business School


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