Preventing workplace bullying

Posted Friday 21st April 2023

On 21 April 2023, Dominic Raab resigned as Deputy Prime Minister Justice Secretary and Lord Chancellor, becoming the second minister in Rishi Sunak’s cabinet to be accused of bullying in the workplace. The findings of an inquiry led by Adam Tolley KC state that Raab acted in an intimidating, insulting manner and that he conducted himself unreasonably and persistently aggressively during his time at the Ministry of Justice.

Bullying in the workplace is a serious issue that can have a significant impact not only on the individuals being bullied but also in relation to the company’s productivity and profitability. Workplace bullying can take many forms, from verbal abuse and harassment to physical violence and discrimination. Regardless of its form, workplace bullying can end up costing a business by leading to undesired consequences such as:

• Lost productivity: employees subjected to bullying may feel stressed and anxious, leading to decreased motivation and productivity. Bullied employees may also call in sick more often, leading to a decrease in overall productivity.
• High employee turnover: employees may feel that they have no choice but to leave their job, which can rack up costs for a business in terms of time and resources to replace departed employees.
• Disrupting the workforce: employees who witness bullying may feel uncomfortable and may be less likely to speak up, which can lead to a toxic work environment. This can lead to decreased morale and increased tension among employees, which can further decrease productivity and contribute to a high employee turnover.
• Employment tribunal claims and damage to the reputation of the business: employees who are bullied are likely to file complaints internally and potentially also with the Employment Tribunal.

Employment Tribunal Claims

The most common claims that arise from workplace bullying and harassment at the Employment Tribunal are claims of discrimination and constructive dismissal.

• Discrimination Claims: If an employee has been bullied or harassed because of their gender, age, race, religion, disability, or sexual orientation, they may be entitled to make a claim for discrimination. Discrimination claims can result in significant compensation for the employee and can also damage the reputation of the employer.
• Constructive Unfair Dismissal: If an employee resigns because of bullying and harassment, they may be entitled to make a claim for constructive dismissal. To make a claim for constructive dismissal, the employee must be able to demonstrate that the bullying and harassment amounted to a breach of the employment contract, and that the breach was the reason for their resignation.

Employer vicarious liability

Significantly, employers may also be held vicariously liable for discriminatory acts committed by their employees. If an employee engages in discriminatory behaviour, the employer can be held responsible for the actions of the employee.

Preventative measures against workplace bullying

To prevent workplace bullying, potential employment tribunal claims and vicarious liability, employers should take proactive steps to prevent bullying and harassment in the workplace and respond promptly and appropriately to any complaints of bullying and harassment.

This includes:

• Developing HR policies and procedures to prevent bullying and harassment
• Providing training to managers and staff on how to identify and report bullying and harassment
• Ensuring that all complaints of bullying and harassment are taken seriously and investigated promptly
• Taking appropriate disciplinary action against employees who engage in bullying and harassment

By doing so, employers are taking the right steps to create a safe and respectful workplace for all employees and minimising the risk of legal action.

---

This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.

---

Share this article