Bullying gets marching orders

Bullying has been hitting the headlines in recent weeks with Dominic Raab forced to resign as deputy prime minister and justice secretary, and CBI boss Tony Danker pushed out for behaviour that left staff feeling intimidated.  

These cases highlight the importance of having the right policies and working practices in place, and for organisations to work on creating the right culture for everyone, including for those at the most senior level. 

In the UK, the Equality Act 2010 prohibits discrimination and harassment that is related to a protected characteristic.  These are age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation; also pregnancy and maternity where the protection against harassment is subject to slightly different rules.

Bullying itself is not against the law, but harassment is unlawful. Harassment is when a worker is subjected to unwanted conduct related to a protected characteristic that violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.  Examples include making offensive sexual comments, or making comments about someone’s race, religion or sexual orientation. 

It means all employers have a duty of care to protect their workers and may be liable for discrimination or harassment in the workplace if they have not taken reasonable steps to prevent it. 

Departed government minister Dominic Raab was accused of bullying by civil servants at both the foreign office and the justice office during his time as a cabinet minister.  An independent investigation agreed, saying that he was “persistently aggressive” in meetings and had abused or misused his power in a way which could undermine and humiliate colleagues. 

And for Tony Danker, a female employee claimed that while director general of the CBI, he made unwanted contact with her, which she considered to be sexual harassment.  Concerns were raised by other members of staff over inappropriate behaviour, which included interacting with their personal social media profiles.

When complaints are made against senior staff, clear action should be taken to tackle the types of behaviour which caused the problem which may include things like raised voices or unwanted attention. 

Bullying is not confined to those in more senior positions and a regular reviews can help uncover instances of bullying at all levels and identify routes to resolve tricky relationships.  It is essential that staff know how and to whom they can raise any concerns or grievances, and that staff feel confident that concerns will be properly addressed.  Regular anti-harassment and Equality and Diversity training is advised. 

If you have any questions or concerns about workplace bullying, please contact Laura 02 01689 887 887.

This is not legal advice; it is intended to provide information of general interest about current legal issues.