What is workplace bullying?

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

What kind of behaviour is defined as bullying?

Bullying can be direct or indirect, and 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 or excessive monitoring of work. 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.

What responsibilities do employers have to prevent bullying?

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’.

They must take reasonable steps to prevent bullying in the workplace and have an anti-bullying policy for dealing with complaints of bullying 

What to do if you are bullied at work

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. 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, Tel: 01 7009004 or the HSA Contact Centre, Tel 0818 289389

Very often, an informal approach will resolve the issue. 

How to make an informal complaint

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.

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. 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.

Is there an option of 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. 

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.

How to make a formal complaint

If an informal approach does not work, request a copy of your employer’s formal bullying and harassment complaint process and follow it. 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. Your employer’s anti-bullying policy should include an appeals process, and 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.

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, and all complaints must be made within six months. This time limit can be increased to 12 months if you can show there was a ‘reasonable cause’ for the delay. Contact your local Citizens Information Service for information on making a complaint to the WRC.

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. You cannot be penalised (or punished) for bringing a claim under employment equality, health and safety, or unfair dismissals legislation. If workplace bullying has caused physical or psychological harm, you may be able to seek compensation through the Injuries Resolution Board.