Bullying at work

Bullying is repeated inappropriate behaviour that undermines your right to dignity at work. An isolated incident is not considered bullying. It usually takes place over a period of time. Bullying can be done by one or more people towards an individual or a group.

Bullying is different from harassment. A behaviour can be considered either bullying or harassment, but not both. Harassment is “unwanted conduct” relating to any of the 9 grounds of discrimination. You can get more information about harassment at work.

By law, employers must prevent bullying at work. They must also display a summary of their anti-bullying policy prominently in the workplace.

Support organisations:

• The Health and Safety Authority (HSA) provides information and advice on bullying.
• The Workplace Relations Commission (WRC) offers a mediation service to help resolve issues informally.

Bullying can be direct or indirect, it can take many forms, including verbal, physical, or online (cyberbullying). Examples include:

• Social exclusion and isolation
• Verbal abuse and insults
• Being treated less favourably than colleagues in similar roles
• Belittling a person’s opinion
• Spreading malicious rumours, gossip or innuendo
• Intrusion - pestering, spying or stalking
• Intimidation and aggressive interactions
• Excessive monitoring of work
• Withholding information needed to do the job properly
• Repeatedly manipulating job responsibilities and targets
• Blaming a person for things beyond their control
• Use of aggressive or obscene language
• Other menacing behaviour

Cyberbullying can include offensive or abusive messages, hacking into accounts, or spreading false information online.

An isolated incident is not considered to be bullying. It must be a repeated pattern of inappropriate behaviour.

Bullying can happen at all levels within an organisation and can be done by customers, clients and business contacts.

Employers have a legal duty to protect employees’ health and safety under the Safety, Health and Welfare at Work Act 2005 (as amended).

Bullying is covered under section 8 of the Act, which says, your employer must “prevent any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk”.

Code of practice

The Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (pdf) provides guidance for handling bullying complaints. Both employers and employees must follow its procedures.

Employer’s responsibilities

Under the Code, your employer must:

• Take reasonable steps to prevent bullying in the workplace
• Have an anti-bullying policy for dealing with complaints of bullying (see Appendix 1 of the Code: How to prepare an anti-bullying policy)
• Develop the anti-bullying policy with employee input
• Prepare a Safety Statement based on an assessment of the risk of bullying

Employee’s responsibilities

Under the Code, you must:

• Not engage in improper behaviour which would endanger the health, safety and welfare of yourself or the other employees
• Comply with relevant anti-bullying policies
• Co-operate with your employer when an allegation of bullying at work is being investigated

You need to find out what to do if you feel you are being bullied.

Gather evidence

If you think you are being bullied keep copies of any relevant supporting information, such as notes or emails. Check your employer’s anti-bullying policy and follow its guidelines.

Get advice

Speak to someone about how you might deal with the problem. This could be a friend or colleague, a designated person at work, a trade union representative or your manager or supervisor.

You can get also get advice on your options from the National Anti-Bullying Research and Resource Centre or the HSA Contact Centre.

Try to resolve the issue informally

Very often, an informal approach will resolve the issue. You should follow the process set out below.

Check your employers anti-bullying policy and follow its guidelines. Your employer may have a Contact Person named in the anti-bullying policy, who can give you information on the process.

Initial informal Process

You should begin by making it clear to the person that you find their behaviour unacceptable and undermining. You could also put it in writing, if you prefer. Focus on what they have done (offending acts) and the effects it has on you.

Report the issue to a manager, HR or a Contact Person. Your complaint should be dealt with as soon as possible.

The person responsible for managing the complaint should keep a brief written record of the issue and agreed outcomes and dates.

Secondary informal process

If the problem persists, or is particularly serious, you can move to the secondary informal process, where a separate person will investigate the complaint.

The separate person should have the appropriate training and experience and be familiar with the procedures. They may be a supervisor, manager or someone in authority within your organisation. They should not be the Contact Person.

The person responsible for managing the complaint should keep a record of all stages of the investigation. You should check your employer’s anti-bullying policy for the steps to follow under the secondary informal process.

Mediation

The WRC provides a mediation service, if both parties agree to it. The Mediator's Institute of Ireland (MII) have a list of accredited meditators that also provide private workplace mediation services. You get more details from themii.ie. Mediation can help to resolve issues informally before a formal process is initiated.

For more details on the informal process, see the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (pdf).

If these informal approaches are not enough to resolve the issue and in situations where the bullying continues, you may need to consider making a formal complaint.

If an informal approach does not work, follow your employer’s formal bullying and harassment complaint process.

Your employer's policy on bullying should clearly set out:

• What happens when a formal complaint is made
• How the complaint will be investigated
• Who will handle the investigation (confidentiality must be maintained)

The company’s investigator should meet with you and any witnesses or relevant other people on a confidential basis. You, and the person you complained about, have the right to bring a trade union representative or a colleague to meetings during the process.

Your employer should keep records and copies of written statements should be given to both parties.

Appealing the investigation

Your employer’s anti-bullying policy should include an appeals process. It should set out the time period for making an appeal. The person hearing the appeal should have not been involved in the investigation.

You should be supported during the formal complaints process. For example through the Contact Person or advisory support services, where possible.

Find more details on the formal and appeals processes, in the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (pdf).

If you feel that your complaint about bullying has not been dealt with properly by your employer, you may make a complaint to the WRC.

You must use the online complaint form. All complaints must be made within 6 months. This time limit can be increased to 12 months if you can show there was a “reasonable cause” for the delay.

Unfair dismissal

If the bullying becomes unbearable and you are forced to leave your job, you may be entitled to claim constructive dismissal under the Unfair Dismissals Acts 1977-2015. This means that although you left your job voluntarily, in reality you were forced to because of the way you were being treated.

You should get legal advice about your rights before leaving your job. You may make a claim to the WRC.

Victimisation

You cannot be penalised (or punished) for bringing a claim under employment equality, health and safety, or unfair dismissals legislation.

Personal injury claim

If workplace bullying has caused physical or psychological harm, you may be able to seek compensation through the Injuries Resolution Board.

You can get more information from the Health and Safety Authority or the Workplace Relations Commission.