£1.2 million employee Bullying & Harassment award

There is increasing awareness of the social and economic consequences flowing from bullying and harassment. The introduction of measures to safeguard workers has become more critical for employers. This is a matter of good management and limits liability under health and safety, industrial relations and equality legislation.
A survey carried out in 2000 by the European Foundation on the improvement of living and working conditions in the 15 Member States of the European Union had the following key findings –

• 9% of workers reported being subject to intimidation and bullying in the workplace
• 2% of respondents reported sexual harassment

In an ESRI study carried out in 2001 it was reported that 1 in every 12 workers in Ireland has experienced bullying.

What is Bullying and Harassment?

Bullying and Harassment are often classed together but legally they are distinguishable. Workplace Bullying has been defined (in a Taskforce report dated 2001) as:

“repeated inappropriate behaviour, direct or indirect whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying”.

The key element of this definition is that it emphasises that the bullying actions must be repeated and states that a one off incident is not considered to be bullying.

Harassment is discriminatory treatment of one person by another because of a particular characteristic which is protected by the Employment Equality Acts 1998 to 2004 (for example age, gender, marital status, sexual orientation, religion, race, disability etc.)
There are many legal remedies for employees who feel they have been bullied or harassed.
Examples include:

• A Rights Commissioner claim under Industrial Relations Acts 1967 – 2004,
• Rights Commissioner claim under Safety Health and Welfare at Work Act 2005,
• Claim for constructive dismissal under Unfair Dismissals Acts 1977 to 2003
• A personal injury action in the Civil Courts

What are the Bullying & Harassment risk factors?
Factors which can lead to employee vulnerability to bullying or harassment can include:

• Where there is a pre-existing medical condition which triggers a duty on the part of the employer to ensure that the workplace does not expose that individual to unnecessary or excessive risks.
• Where working hours are excessive.
• Where work pressures are significant and unreasonable (including pressures from workplace systems, clients and co-workers).
• Part-time or non permanent employees may be an increased risk factor for bullying at work.
• The increasingly multi-cultural nature of society may increase the risk of racial or religious harassment.

Preventing Bullying & Harassment in the Workplace?
There are key actions that employers can take which include –

• Develop a bullying and harassment policy
• Conduct a risk assessment
• Make sure that communications by electronic means are covered in the policy
• Training of supervisors and managers in handling bullying and harassment
• Review the risk factors regularly
• Implement a grievance procedure for effected employees

This e-newsletter provides general information on Irish employment Law and good practice. This e-newsletter is provided for information purposes only which may not address the particular circumstances of your organisation.

The content in this e-newsletter is NOT a legal interpretation of any matter and should not be seen as such. For professional or legal advice you should consult a suitably qualified person.