Recognising the signs of workplace bullying

While there are some obvious signs that workplace misconduct is happening, some instances may be more covert and fly under your radar. It’s crucial to always be diligent in your search for misconduct in the workplace, that way you can recognise the signs early and deal with them. Here are some things to watch out for.

Changes in employee behaviour

A sudden change in behaviour always points to something happening behind the scenes. If you notice that an employee has changed how they’re interacting with the team, how they approach their work or if they’re taking more days from home than in office (in a hybrid setting), it’s likely something has impacted them.

While you shouldn’t jump to conclusions, you should investigate by gently prompting them with questions around how they’re feeling at work, if they’re experiencing any issues or barriers. If they’re not opening up after gentle questioning in a 1:1 setting, you may want to address the change in behaviour more directly and offer further support where necessary.

Higher absenteeism rates and turnover

In more extreme situations, where bullying may have become more systemic in your workplace, you may find your employees taking more time off, or openly looking for other work. Especially if they feel uncomfortable talking to their colleagues, or their managers, you may find they opt out altogether. That’s why it’s very important to be on the lookout for unpleasant behaviour from all members of your team, no matter their seniority.

Complaints and grievances

Not that you wouldn’t take these seriously normally, but pay attention to formal complaints and grievances filed by employees. These might provide valuable insight into workplace issues. Additionally, you may sometimes need to look for what’s not being said, or read between the lines to spot misconduct.

For instance, an employee may be uncomfortable to formally name or challenge colleagues or direct management. They may word their complaint around “feeling too much pressure” or “facing burnout”. It’s always worth following up with qualifying questions to make sure you understand the source of the issue.

What are the types of workplace bullying?

Bullying and harassment can come in all shapes and forms, and unpleasant behaviour does not all fall into the same category. Here we breakdown the main types of bullying in the workplace.

Sexual harassment

The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for another person.

Research by the Equality & Human Rights Commission (EHRC) and the Trades Union Congress (TUC) reported that three quarters of people in employment said they have experienced sexual harassment at work and 68% of lesbian, gay, bisexual and trans people reported being sexually harassed at work.

Emotional abuse

Emotional abuse in the workplace refers to a pattern of behaviour where one person, or a group, mistreats, manipulates or harms another person’s emotional well-being within a professional setting. This type of abuse can take various forms and can have serious psychological and emotional consequences for the victim. These consequences include stress, anxiety, depression and decreased job performance.

Physical violence

Defined as when a person, or another employee, physically attacks another employee or job applicant in the workplace, physical violence poses significant risks to safety and well-being in a work environment. 

Physical violence can also have severe legal and financial consequences for both employees and employers. Employers have a legal and ethical responsibility to create a safe and secure work environment, which includes implementing policies and procedures to prevent and respond to workplace violence.

What are the repercussions of bullying in the workplace for employers?

Bullying in the workplace can have significant repercussions for employers, including legal, financial, and operational consequences. Here are some of the key repercussions:

Decreased productivity and higher turnover

Needless to say, if your workplace begins to host bullying, your team’s productivity is likely to take a dive. If bullying is allowed to continue for long periods of time, you’re likely to see increased complaints and turnover in your teams. When your talent feel more threatened than they do supported, you could find yourself with a mass exodus on your hands.

Legal implications

You can be held legally liable for workplace bullying under various laws, including the Equality Act 2010 and the Health and Safety at Work Act 1974 (amongst others). Failure to prevent or address workplace bullying can result in legal claims, including claims of discrimination, harassment and constructive dismissal.

Tribunal claims

If you have employees who believe they have been bullied at work, they are within their right to file a claim with employment tribunals. If you’re found to have failed in your duty to prevent or address an incident, it can lead to costly tribunal awards and legal expenses.

Reputational damage

A workplace with a reputation for bullying can suffer damage to its public image and brand. Negative publicity will harm your ability to attract and retain both customers and top talent.

Financial repercussions

The financial costs of workplace bullying can include legal fees, settlement payments, compensation awards and the costs of implementing anti-bullying measures, such as training and support programmes. Failure to comply with UK employment laws, including those related to bullying and harassment, can result in fines and penalties imposed by regulatory authorities.

How can employers deal with bullying at work?

With employee wellbeing at the heart of most businesses, it is unsettling to find out negative behaviour has happened in your workplace. It’s an employer’s ethical and legal responsibility to enforce codes of conduct and introduce preventive measures. 

To stop bullying occurring in your workplace, here’s our advice:

Have clear anti-bullying policies in place

The best way to be sure your team is aware of your stance is to make sure you have a bullying and harassment policy. In the policy, outline unacceptable behaviour and provide clear definitions of bullying and harassment. 

Have a clear reporting procedure

Hold weekly 1:1s or check-ins with your staff. During these chats, make sure there are avenues for your employees to report roadblocks, including interactions with their team and wider staff. Additionally, create a confidential and accessible reporting channel for employees to report incidents. Encourage employees to report concerns promptly. Reassure your employees that they’re safe and can feel confident in using these reporting mechanisms without fear of retaliation.

Investigate claims thoroughly and take immediate action where necessary

Where a formal complaint is reported, take swift and thorough action. The best way to approach incidents is impartially. If you have the resources, we’d suggest training multiple staff members on your code of conduct and procedures. Ensure you’re conducting interviews that don’t arouse suspicion from the wider team, document all of the conversations and act on your findings.

If an incident has taken, or continues to take place, follow with disciplinary action, verbal warnings or in the worst case scenario termination. At the same time, support the victim by offering counselling, temporary relocation or changes in work assignments to prevent further harassment.

Offer awareness training and workplace ambassadors

You may want to offer your team awareness training on how bullying can occur in the workplace and what to look out for. A team can benefit from occasional gentle reminders about workplace boundaries and how to spot when people are stepping beyond them.

You may also want to encourage members of your team to step into ambassador roles who offer your team someone to go to when they’re feeling uncomfortable around a colleague. You could develop an internal course through a learning management system (LMS), for example, that helps members of your team develop skills, and gives them the tools they need to be an ambassador.

Are there any laws in the UK addressing workplace bullying?

In the UK, harassment because of someone’s age, disability, race, religion or belief, sex, sexual orientation and other protected characteristics is unlawful under the Equality Act 2010. Bullying or harassment that don’t relate to a relevant protected characteristic isn’t covered by the Act.

The legal landscape in the UK is a little complicated, as it lacks a single comprehensive statute dedicated to addressing workplace conflict. Instead, conflict falls under various legal frameworks, including:

• The Equality Act 2010 (which right now has a “worker protection” clause going through parliament), particularly when it is associated with discrimination based on a protected characteristic.
• The Employment Rights Act 1996, specifically the provisions concerning ‘detriment’ to employees.
• Claims related to breaches of explicit or implicit terms within employment contracts, such as the implied duty of care toward employees.
• Potential criminal or civil provisions outlined in the Protection from Harassment Act 1998.

Workplace bullying could potentially be subject to a multitude of other legal principles and statutes, including:

• The common law obligation for employers to ensure the safety and well-being of their employees.
• Legal protections for personal injury and responsibilities related to employee well-being within Tort law, or delict law in Scotland.
• The Health and Safety at Work Act 1974.
• Provisions of the Criminal Justice and Public Order Act 1994.
• Safeguards provided for whistleblowers.
• Considerations under the Human Rights Act 1998.

Because intimidation in the workplace could fall into a variety of legal frameworks, it’s hard to give a single point of reference. The best thing you can do as an employer here is make it very clear in your own internal policies how you deal with these situations, and how you’ll escalate cases should they arise.

Stop workplace bullying and harassment in its tracks

Ensure your employees are happy and safe in the workplace with our workplace bullying and harassment policy template. 

Employee management can be difficult, which is why at Employment Hero we want to make it easier! Employment Hero is the world’s first Employment OS (operating system) offering everything your business needs, from finding and hiring top talent using SmartMatch to seamlessly onboarding new hires, automating complex payroll, and driving employee engagement and morale, all backed by UK-based expert support.

Employment Hero empowers over 300,000 businesses worldwide to spend less time on admin, so they can focus on what matters most – their people. 

Download our workplace bullying and harassment or speak to an employment specialist today!