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This is an excerpt from the TUC book "Hazards at Work: Organising for safe and healthy workplaces", the best-selling guide to health and safety at work. To buy a copy order here (if you are a safety representative on a TUC training course please speak to your tutor about getting a discounted copy)

BASIC FACTS ABOUT BULLYING

Workplace bullying can be defined as offensive, intimidating, malicious, insulting or humiliating behaviour, abuse of power or authority which attempts to undermine an individual or group of employees and which may cause them to suffer stress. According to the TUC guide Bullied at Work? bullying behaviour can include:

• competent staff being constantly criticised, having responsibilities removed or being given trivial tasks to do
• shouting at staff
• persistently picking on people in front of others or in private
• blocking promotion
• regularly and deliberately ignoring or excluding individuals from work activities
• setting a person up to fail by overloading them with work or setting impossible deadlines
• consistently attacking a member of staff in terms of their professional or personal standing
• regularly making the same person the butt of jokes

The 2008 safety representatives survey found that one in five (20 per cent) of all safety representatives identified bullying as a problem in their workplace; but in some sectors it was much higher. In education it was the fourth most common problem, with over a third (35 per cent) of representatives identifying it, while in the voluntary sector this figure rose to 42 per cent. And workplace bullying is widespread, according to findings from a survey in 2006 by the Chartered Institute of Personnel and Development (CIPD) in association with MORI and Kingston Business School. The survey identified that one fifth of all UK employees have experienced some form of bullying or harassment over the last two years. The survey also reported that the groups most likely to become victims of bullying and harassment are black and Asian employees, women and people with a disability. Nearly one third (29 per cent) of Asian employees or those from other ethnic groups report having experienced some form of bullying or harassment, compared with 18 per cent of white employees. Employees with disabilities are at least twice as likely to report having experienced one or more forms of bullying and harassment (37 per cent), compared with non-disabled employees (18 per cent).

Effects of bullying

Stress and ill-health can become part of the daily life of those being bullied.

Symptoms can include: anxiety, headaches, nausea, ulcers, sleeplessness, skin rashes, irritable bowel syndrome, high blood pressure, tearfulness, loss of self-confidence, various illnesses of the organs and thoughts of suicide.

Employers who fail to tackle bullying can pay a high price:

• in lost time – because staff are affected by stress and ill-health
• in lost incentive – because morale is low
• in reduced work output and quality of service
• in lost resources – because people who are trained, and experienced, leave the organisation and
• in financial penalties and loss of reputation if a case goes to Employment Tribunal or to court

Earlier research has shown that few employers take adequate steps to safeguard against bullying in the workplace, leaving the causes of the bullying unchallenged.

TUC general secretary Brendan Barber says:“Bullies in the workplace must not go unchallenged and should not be given free rein to intimidate and victimise their colleagues. Every workplace should have a policy which makes clear that intimidating behaviour towards colleagues will not be tolerated and that those who persist in undermining their fellow members of staff will be dealt with severely.”

LEGAL AND OTHER STANDARDS FOR PREVENTION AND CONTROL

There is no specific law dealing with bullying at work. However, there are a number of laws that apply to bullying at work:

• SRSC Regulations 1977 – see Chapter 3 above, with reference to safety representatives’ rights and consultation
• Health and Safety at Work etc. Act 1974 – see Chapter 12 above, dealing with the general duties of employers and employees under Sections 2–9. Generally, the employer has a duty to ensure the health, safety and welfare of employees, and this includes mental as well as physical health.

HSE management standards for work-related stress

Stress and ill-health can become part of the daily life of those being bullied. The HSE has introduced management standards for work-related stress that are closely connected with the risk assessment process – see Chapter 39 below for full details.

Advisory, Conciliation and Arbitration Service (ACAS) advice on bullying

The five points below are an extract from the ACAS advice leaflet Bullying and Harassment at Work: a Guide for Managers and Employers outlining what employers should do about bullying and harassment at work.

1. Employers should consider framing a formal policy. This need not be over-elaborate, especially for small firms, and might be included in other personnel policies, but a checklist for a specific policy on bullying and harassment could include the following:

• statement of commitment from senior management
• acknowledgement that bullying and harassment are problems for the organisation
• clear statement that bullying and harassment will not be tolerated
• examples of unacceptable behaviour
• statement that bullying and harassment may be treated as disciplinary offences
• the steps the organisation takes to prevent bullying and harassment
• responsibilities of supervisors and managers
• confidentiality for any complainant
• reference to grievance procedures (formal and informal), including timescales for action
• investigation procedures, including timescales for action
• reference to disciplinary procedures, including timescales for action, counselling and support availability
• training for managers
• protection from victimisation
• how the policy is to be implemented, reviewed and monitored

The statement of policy will gain additional authority if staff are involved in its development. It should be made clear that the policy applies to staff on and off the premises, including those working away from base. The policy should also make plain that bullying or harassment of staff by visitors to the organisation will not be tolerated. All organisations, large and small, should have policies and procedures for dealing with grievance and disciplinary matters. Staff should know to whom they can turn if they have a work-related problem, and managers should be trained in all aspects of the organisation’s policies in this sensitive area.

2. Set a good example. The behaviour of employers and senior managers is as important as any formal policy. Strong management can unfortunately sometimes tip over into bullying behaviour. A culture where employees are consulted and problems discussed is less likely to encourage bullying and harassment than one where there is an authoritarian management style. The organisation must make it clear that bullying and harassment are unacceptable.

3. Maintain fair procedures for dealing promptly with complaints from employees. Complaints of bullying and harassment can usually be dealt with using clear grievance and disciplinary procedures. Such procedures should have provision for confidentiality, and for both the person making the complaint and the subject of the complaint to be accompanied by a fellow employee or trade union representative of their choice (see S10 of the Employment Relations Act 1999).

4. Set standards of behaviour – an organizational statement to all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others. This may include information about what constitutes bullying and harassment. Many organisations find it helpful to supplement basic information with guidance booklets and training sessions or seminars. Training can also increase everyone’s awareness of the damage bullying and harassment does both to the organisation and to the individual. The staff handbook is also a good way of communicating with employees, and can include specific mention of the organisation’s views on bullying and harassment and their consequences.

5. Let employees know that complaints of bullying and/or harassment, or information from staff relating to such complaints, will be dealt with fairly and confidentially and sensitively. Employees will be reluctant to come forward if they feel they may be treated unsympathetically or are likely to be confronted aggressively by the person whose behaviour they are complaining about. The full text of the ACAS advice leaflet Bullying and Harassment at Work: a Guide for Managers and Employers can be found at www.acas.org.uk/media/pdf/1/h/AL04_1.pdf

WHAT CAN SAFETY REPRESENTATIVES DO?

There are a number of positive steps that safety representatives can take to raise awareness and tackle bullying in the workplace.

Membership awareness

Use posters and leaflets to bring up the issue of bullying with members, and take the opportunity of discussing bullying with them to see if they think that there are any problems. Safety representatives should report their concerns and those of their members to management in writing. Use Chapter 7 above for ideas on how you can make sure that management get things done.

Surveys and inspections

Safety representatives could conduct a survey to find out whether bullying is a problem in the workplace. This can be done on a confidential basis as some members may be reluctant to contribute otherwise. There is a sample USDAW survey below. Safety representatives can use their routine inspections or undertake special inspections to speak to members about bullying at work.

Bullying policy and procedure

Safety representatives can urge their employer to have procedures in place to prevent bullying at
work. Establish whether the employer already has a policy and procedure for tackling bullying at work. If not, take steps to negotiate a policy with management.

Commitments are required from employers which should include:

• recognition that bullying takes place and the seriousness of the issue
• a statement saying that bullying will not be tolerated and a code of acceptable behaviour
• jointly agreed policy and procedures for investigating and dealing with bullying
• complaints to be taken seriously and confidentiality assured
• provision of support to the victim
• access to trained and confidential counsellors
• training for all staff
• ensuring that all staff know what is considered to be acceptable behaviour at work

CYBER-BULLYING: A 21ST CENTURY HAZARD

With the growth of online social networking sites, chat rooms, the everyday use of email, and mobile phone text and photo messaging, a 21st century hazard has arrived in the form of cyber-bullies.

Often reported in the press as an issue that more usually affects children and young people, cyberbulling is becoming a new health and safety hazard for workers. School teachers and lecturers in further and higher education are finding themselves the target of current and past students spreading malicious and unfounded comments and allegations. Intranet sites are easy mediums for in-house bullying in offices and call centres. The massive growth in email as a management technique easily depersonalises contact between manager and staff and can be a convenient shield for aggressive and insensitive behaviour. The employer’s duty of care to ensure that employees are working in a safe environment applies equally to cyber intimidation.

Victims of cyber bullying experience the same feelings of fear, intimidation, stress and low morale as those bullied face-to-face. A key difference is that by using information systems to cause harm, the victim has no control over who witnesses the abuse.

There is often a misconception that because cyberbullies are able to target their victims anonymously, there is less chance to identify who the bully is. This is not usually true. Employers can take immediate steps to have the offending material removed from websites but making a request for information to be removed is not enough. The employer should make sure that the offensive material has been removed and that the web pages have been ‘uncached’. This will disable the web page from displaying the offensive material and stop further users from using search engines to locate the pages.

Under Section 1 of the Malicious Communications Act 1998 it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person and under Section 43 of the Telecommunications Act 1984 it is a similar offence to send a telephone message that is indecent, offensive or threatening. The Protection from Harassment Act 1997 also applies. Cyber bullying should be treated as any other form of bullying, requiring a risk assessment and appropriate controls put in place. Cyber bullying should be included in any prevention of bullying policy and procedures.

USDAW SURVEY ON BULLYING AT WORK

Bullying means the misuse of power or position to intimidate or humiliate someone on a regular and persistent basis. Workplace bullying is usually though not always carried out by people in positions of power. Bullying and abuse can also come from members of the public. Here is a range of possible questions and answers in a bullying questionnaire, reproduced from an USDAW advice booklet: Let’s Put a Stop to Bullying at Work
www.usdaw.org.uk/getactive/
resource_library/files/RLF314/BullyingLft3140208.pdf

1. Have you ever been bullied at work? Yes/No

2. Are you currently being bullied Yes/No

If yes, when did the bullying start?

....................................................................................................................

3. Who is bullying you? (please tick boxes)

Supervisor
Other manager
Member(s) of the public
A colleague
A group of colleagues
Other (please specify)

....................................................................................................................

4. What form does the bullying take?

Threats
Verbal abuse
Physical abuse/violence
Humiliation
Constant criticism
Constantly changing instructions
Excessive workloads
Refusing reasonable requests (for example, for leave or training)
Other (please specify)

....................................................................................................................

5. How has bullying affected you?

Loss of confidence
Loss of self esteem
Being sick
Headaches
Loss of appetite
Loss of sleep
Anxiety
Depression
Irritability
Increased alcohol consumption
Increased use of tobacco
More days off sick
Feeling of not wanting to go to work
Other (please specify)
....................................................................................................................

6. Have you raised the problem? Yes/No

If yes, with who?

Supervisor
Other manager
Personnel
Union representative
Colleagues
Other (please specify)

....................................................................................................................

7. What action was taken, if any?

....................................................................................................................

8. Did the situation improve?

....................................................................................................................

9. In what ways would you like the union to help
you to deal with the problem?

....................................................................................................................

10. Any other comments?

....................................................................................................................

Checklist

Download the Bullying checklist (PDF)

(see also www.tuc.org.uk/tuc/rights_bullyatwork.cfm)

FURTHER INFORMATION
(in alphabetical order)

ACAS (see Section 6.5 for contact details)

• Bullying and harassment guides
  

Chartered Institute of Personnel and Development

• CIPD fact sheet Bullying and harassment at work (2008)
  

Hazards magazine factsheets (see Section 6.2 for contact details)

• No. 79: Victimisation
• No. 70: Psychoterror
• No. 65: Violence at work

£1.50 each for union subscribers. £6 for nonsubscribers

Hazards magazine website

Excellent news and resources on the Hazards web resource page

International Labour Organisation (see Section 6.4 for contact details)

• Resources on violence, bullying and harassment www.ilo.org/public/english/protection/safework/violence/

Labour Research Department (see Section 6.2 for contact details)

• Tackling Bullying and Harassment £4.95

London Hazards Centre (see Section 6.2 for contact details)

• Bullying at Work factsheet

TUC (see Section 6.1 for contact details)

• The TUC bullying web page
• TUC leaflet Bullied at work – Don’t Suffer in Silence
• Essential information for safety representatives. Keep up to date on health and safety by reading Risks, the TUC’s weekly e-bulletin for safety representatives

Trade union information

• Many unions provide guidance on bullying. The website addresses of all trade unions are on the TUC website
• Hazards magazine has listed the health and safety pages of most trade unions.
• Contact your union or visit your union’s website to find out if it produces any guidance on bullying. In addition to the booklet quoted above, USDAW has a Freedom from Fear campaign.
• Many unions have information and guidance for reps and members, including the UNISON Bullying at Work guide , the UCU cyber bullying Factsheet and the NASUWT Cyber bullying information.