The thought of having to tackle potential bullying or inappropriate behaviour is enough to get the pulse racing of any practice manager. However, these things do crop up – and even more so these days when everyone is feeling pressure and stress.

But what constitutes bullying? And what is the definition of workplace harassment? And where does victimisation fit in?

Navigating these scenarios can be a bit of a minefield, but they don’t need to be.

Robyn Clark (aka JacksonR) and Susi O’Brien (HR Help advisor) hosted our lunchtime HR Clinic which focused on this tricky subject.

Here is a summary of the questions we received, and the answers given.

Are bullying and harassment the same thing?

In short, no.

Bullying has no legal definition, but it can be a variety of behaviours that are perceived to be offensive, intimidating, malicious, insulting, undermining, humiliating or can cause physical or emotional harm. Bullying could be a regular pattern of behaviour or a one-off incident. It can be in person, over the phone, via email or on social media. And it can be for any reason.

Harassment is different in that whilst bullying behaviours may be on display, it can only be classed as harassment if it’s in relation to a protected characteristic. For behaviour to count as harassment it needs to have violated the recipient’s dignity or created a negative environment for them.

Ironically, only seven of the nine protected characteristics of the Equality Act are included in the legal definition of harassment at work. The law doesn’t cover marriage or civil partnership – most likely because, in these circumstances, gender or sexual preference is the reason for the behaviour. It also doesn’t cover pregnancy or maternity because the type of behaviour being displayed is more likely to be either direct discrimination (i.e., treating someone differently because they are pregnant) or sexual harassment (and you don’t need me to explain that one to you!).

So, whilst someone who is being harassed may be the victim of bullying behaviour, not all bullying is harassment. If a staff member bullies someone else purely because they don’t like them – and not in relation to a protected characteristic – then it’s not classed as harassment.

Do we need a Dignity at Work Policy AND a Bullying and Harassment Policy?

Nope! Because they’re just two different names for the same thing. It does cause confusion sometimes, so you’re not alone. Employers who want to emphasise what they DO expect to see in the workplace will call it a Dignity at Work Policy, and employers who want to focus on what is NOT allowed may call it a Bullying and Harassment Policy (or an ‘Anti-Bullying and Harassment Policy’), but the content will be pretty much the same. It’s a policy that defines what bullying and harassment is, explains the practice’s commitment to avoiding it, and tells staff what to do if they believe they’ve experienced it in the workplace.

Whatever you call it, it’s a really important policy to have.

If bullying and harassment were a problem in our practice, how would I know about it, assuming no one came to me directly?

Oooh, good question! It can be hard to spot at times as some of the behaviours can be quite insidious.

I’d be looking out for staff relationship issues – like staff not wanting to work with a certain person, or certain staff members being isolated, not joining in with things. High absence rates can be another indicator that all is not well in the team, or high turnover of staff.

One of the easiest things you can do, though, is to make sure you walk the floor every now and again. When you walk into a room, does it go quiet? Are staff chatting with each other or smiling and enjoying what they’re doing?

Staff surveys are another tool you can use to get an idea of what the working environment is like. If you anonymise responses, staff can feel safer to say what’s really going on too.

I have a member of staff who is really, really sensitive. They’ve made multiple comments of bullying against co-workers on what feel like quite minor grounds (such as someone not saying hello when they were busy with a task, disagreements over where shared stationery should be placed, someone walking too close to them when passing on a message). I think the employee genuinely finds these incidents upsetting, but the effect is now that others in the team say they’re feeling uncomfortable in that employee’s presence, expecting to have a complaint made against them at any moment. The atmosphere is getting tense, which leads to even more complaints and unhappiness! How can I handle this?

Wow, that does sound like a stressful situation!

We have a diverse range of people in our teams, and it’s very rare that you can have a team where everyone gets along and there are no issues. It does seem to me that this person is over-sensitive but, as a manager, you need to be taking any report of negative behaviour seriously at first. But if your investigation into the incident doesn’t substantiate it, then you need to feed this back to the complainant, and if the complaints keep on coming, have a frank and honest, but supportive, conversation with them.

Do they realise how many incidents they have reported? What were their expectations in these circumstances? Reinforce that you have found no evidence to support that anything untoward has occurred. I’d also want to be checking in with that staff member to ensure they’re okay – is there anything going on at work or at home that might be making them more sensitive to these things? Do they feel part of the team, engaged with their role?

It might also be worth considering some team-building work for the whole team to do together. Often this sort of behaviour is an indication of a lack of trust, or a need for bonding within the team to help build relationships. If you can arrange something that helps to reinforce the positive relationships, it might lead to the employee feeling more part of the team and to a reduction in the number of complaints.

If that doesn’t work and the complaining becomes excessive, you may need to take a stronger tone and inform the employee that this cannot continue as it’s damaging the relationships within the team. A hard conversation to have, but sometimes a necessary one.

I have a member of my team who is underperforming. How do I manage this without them accusing me of harassment?

Ensure that any performance management process is based on fact first of all, and couldn’t be related to a protected characteristic. So, for example, if someone isn’t processing referrals on time but has been diagnosed with failing eyesight, then you need to offer support for that condition first, if possible.

Just not being good at your job for no apparent reason isn’t a protected characteristic, so you shouldn’t put off tackling it!

Quite often, an employee’s reaction to any kind of management process that might not end well for them is to accuse the manager of bullying or harassment. So don’t take it personally – their defence method is to attack. Provided you have clear evidence for the under-performance, and you follow your performance management policy accordingly, you should be fine. If they accuse you of bullying or harassment then they should submit that in writing for a neutral party to investigate. If there’s no substance to it then it won’t take long to sort out and you can continue your performance management process.

Two employees have reported that a colleague of theirs made racist comments when they were together last week. I’ve asked them to make a written statement but both have refused, saying they don’t want to stir up trouble. I don’t know what to do about the situation now.

I’d be weighing up my options here. There have been times when I have received reports of behaviour so severe that I have investigated it under disciplinary policy despite the initial complainant not wanting to go on the record. This can happen where there’s other evidence that you can use to substantiate the allegation – for example, CCTV footage, email trails, or witness testimony from other people. Sometimes you can convince the complainant to submit an anonymous statement, but there’s no guarantee that if the case ever ended up in court, they wouldn’t be summoned to appear.

However, if none of those options exist and no one is willing to go on record, or even provide an anonymous statement, what can you do with that information? The perpetrator will probably just deny it and then there’s no evidence to prove whether it happened or not.

I would be saying to the employees who brought it forward that I’m not able to progress their concern due to a lack of evidence, and the only way I could do so would be for them to submit a statement. The only other thing to do – and it seems harsh but might be necessary – is to remind the staff members that under your equal opportunities policy, and your harassment policy, they’re required to take action to prevent this kind of behaviour taking place at work. Asking someone to complete a statement or attend an investigatory interview into a serious allegation of this kind is a reasonable management request – unless there are specific reasons why the employee feels it would make them unsafe or cause them harm.

And here’s another way of looking at it; what if it’s actually bullying in reverse? Two members of staff trying to generate bad feeling and suspicion against a colleague by mentioning stuff but not enabling it to be investigated? For all these reasons, I would try my best to find a way to investigate.

An employee is on long-term sick and says it’s because I bully her at work. I don’t think I do. I get on with everyone else fine, but she has issues with getting feedback. Now she’s ignoring my calls and says she’ll only speak to a partner. Is she allowed to do this?

I think it’s less “is she allowed” and more “how do we deal with this situation”.

I would encourage a partner to speak to her and explain that an accusation of bullying is very serious and she needs to submit a formal complaint which will be investigated by a neutral party. If she refuses to do this, and is just trying to avoid you managing her sickness, then the partner needs to refuse this as an option. If she isn’t willing to stand by her accusation with a formal grievance, then in the view of the partnership, there’s no case to answer, and she should be managed by you as would any other staff member. The partner could offer mediation to be arranged between the two of you, to try and build bridges, but you would both need to agree to attend.

I think sometimes staff don’t realise the impact these words have on us as managers, as often they’re only thinking about how can they get away with what they want at the time. You’d be well within your rights, if she refused to submit a formal complaint, to raise a grievance yourself about her for making false accusations! I always find the moral high ground is the best thing to take in these circumstances, though – your partners should have your back with this.

Is it possible for a staff member to bully their manager?

Of course, it is. At the beginning, if you remember, I listed “undermining” as an example of bullying behaviour. Constant undermining from subordinates is a classic example of bullying behaviour – it’s disrespectful to your authority. You might feel an employee is pressuring you into doing things or arranging work in a way that suits them, but does so in a manner that you feel is inappropriate or unprofessional. Bullying is most definitely not a top-down thing. It can come from all directions.

We have two members of staff who do not get on and each have now accused the other of harassment. Can we use mediation instead of the grievance route, and if so, do you have any tips?

I’d highly recommend mediation instead of a grievance route for instances like this. Remember that both parties have to agree to it, and you need to set clear ground rules going into it about what is acceptable behaviour in the meeting, confidentiality and ensuring a safe space to be heard. I would strongly advise having a trained mediator hold the meeting if you haven’t received training yourself as these meetings can become heated very quickly if not managed properly – and this only leads to a further breakdown in relationship. If you have had training but you could be in any way emotionally invested in the issues on display, you should also recuse yourself. The mediator is meant to be impartial and independent; if there is a chance you could be drawn into the conflict, it won’t work. Sometimes we might resent the expense, but compared to the loss of productivity, sickness absence and potential employment tribunal claims you may face if not done properly, it really can be worth it!

How should you handle situations where someone’s accused their manager of bullying them, it’s been investigated and not upheld, but the employee is still adamant about it and causing drama?

We’re almost verging on slander/libel territory here, aren’t we? And I doubt they even realise that!

I’d be pulling the employee aside and reminding them that their case was not upheld and that the practice now considers the matter closed. I’d reinforce the need for confidentiality, and that to talk openly about a HR process that has occurred could be viewed as a breach and would be a disciplinary offence. I’d highlight that there’s obviously still some resentment there and perhaps mediation might be something to consider to help repair the relationship. If they refuse and continue to act inappropriately, then it becomes a conduct issue to manage. The manager may also choose to raise a complaint of their own regarding the employee’s behaviour, where you would need to investigate in a similar way to the first instance.

Exhausting to think about, isn’t it?!

Work colleagues are also friends outside of work – they had an argument/disagreement and they ignored each other during work. One of them snapped at the other over something in work and now the person is claiming bullying and has resigned/taken retirement. We live in a small area and have been informed whilst shopping/out eating that the person is going around saying she was bullied out and we have a high bullying ratio (not true) as this escalated into work. Is this classed as bullying/harassment? Both people were equally snappy from what I gather during this incident. I have advised staff not to listen to gossip and that as this person is not under my employ anymore, I am unable to step in for what she is brandishing. Advice/clarity would be appreciated.

You’re completely correct about how you’ve handled this in-house with your staff, and I’d say to keep going along the same lines. I suppose the other issue is the potential impact on the reputation of the practice. If the partners are significantly worried that this former employee’s claims are damaging, they could look to take legal action, perhaps a letter asking her to stop making these claims, or they may consider legal action for slander. This does seem a bit extreme, however, and in most communities, I would imagine the locals would take this sort of thing with a pinch of salt. You can respond in a factual manner, provided it doesn’t breach confidentiality, if asked: “There were no claims of bullying or harassment brought to management; if there were then they would have been investigated.” This is a factual statement and doesn’t name any names.

Sometimes, though, it’s just better to not respond. Your surgery will continue to function and if your staff are happy, they will no doubt defend the surgery’s reputation in the community when given the chance to.

Useful links

Bullying and harassment policy [PLUS]
Equality and diversity policy [PLUS]
Equality impact assessment – initial screening form [PLUS]
Disciplinary policy and procedure [PLUS]
Grievance policy and procedure [PLUS]

Our new HR Masterclass – Module 8 (Bullying and Harassment) guides you through:

• What constitutes bullying and harassment
• Understanding protected characteristics
• How to create a positive environment
• How to deal with allegations and outcomes
• Managing allegations made against you

The HR Masterclass is an online course delivered in the HUB. For existing Learning Package subscribers, this module is now available in your course list. 

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