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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:
Bullying is not just an interaction between individuals, there are organisational factors at work which can facilitate it. Among these are:
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:
Education and AwarenessSafety representatives can provide education on bullying in a number of ways:
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 MembersRepresentatives can provide invaluable support for members and other workers:
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 PoliciesThe 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:
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 ActionThe 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:
The Legal SituationThere 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 ReadingBullying and Harassment at Work: a guide for managers and employers, ACAS, 1999, can be ordered on 01455 852225Beat 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 (c) London Hazards Centre 1999 Interchange Studios, Hampstead Town Hall Centre, 213 Haverstock Hill, London NW3 4QP, UK mail@lhc.org.uk www.lhc.org.uk The London Hazards Centre Trust is UK Registered Charity no 293677. |
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