It is no secret that a workplace culture which promotes dignity, respect and inclusion can attract a whole host of benefits to an employer, including: Improved employee retention, attracting high-quality candidates, and enhancing an employer’s reputation.

With the job market hot right now, employees are far less likely to tolerate toxic workplace environments than they might have been in the past. It has therefore become more important than ever for employers to ensure that they have effective measures in place to avoid creating a culture where inappropriate behaviour and conduct is the norm. Of course, that cannot be done overnight and involves a concerted effort from everyone within an organisation, not just those at the very top.

A theme that remains very much at the forefront of promoting an inclusive and supportive culture is the eradication of bullying and harassment in the workplace. Despite employers having an increased awareness of this, it remains a significant issue.

It can often come as a surprise that there is no specific definition of “bullying” under UK employment law. Bullying can take many different forms but ACAS (Advisory, Conciliation and Arbitration Service) considers the term to encompass unwanted behaviour from a person (or group) that is offensive, intimidating, malicious or insulting. It may also take the form of an abuse or misuse of power that undermines, humiliates or causes physical or emotional harm to someone. Bullying might be a regular pattern of behaviour or be a one-off occurrence. It can be face-to-face, over email, the phone, or even on social media.

Harassment on the other hand is defined under the Equality Act 2010. Harassment occurs when bullying or unwanted behaviour is about any of the protected characteristics – such as a person’s race, gender, sexual orientation, or religion or belief – and it has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

When it comes to bullying and harassment in the workplace, prevention is always better than cure. Employers have a legal duty to protect employees whilst at work and could face employment tribunal claims for constructive dismissal if employees resign in the face of an employer’s inaction to tackle bullying.  Employers can also be liable for harassment by its employees to their colleagues and there is no cap on the level of compensation an employment tribunal can award if such a claim is successful.

It is therefore important for organisations to send a clear message to employees that they adopt a zero-tolerance approach to any type of inappropriate behaviour, including bullying and harassment, and that any complaints or allegations of bullying and/or harassment will be investigated thoroughly. An effective anti-harassment policy also plays an essential part in tackling bullying and harassment in the workplace, which should be made available to everyone within the workplace. Employees should also be made aware that they have a responsibility to uphold its values.

If you would like advice on how your organisation can promote respect and inclusion, or you would like further advice in relation to bullying and harassment in the workplace, please do not hesitate to get in touch.

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