How To Handle A Workplace Bullying & Harassment Complaint

Bullying and harassment are serious common work risks facing many employees and employers in Ireland. It not only has far-reaching consequences for its victims and perpetrators, but it also affects the organisation. That is why every employer in the Republic of Ireland needs to provide a means for workers to report concerns about bullying and harassment.

 

What Irish Businesses Should Know About Workplace Bullying and Harassment

Workplace bullying typically involves continuous or repeated malicious behaviour. It may also include exclusion, being over-worked, or not communicating with colleagues. Emotional bullying, such as the gradual process of passive-aggressive and psychological putdowns is also considered bullying. This can lead to stress, despair, and anxiety over time.

When an employee is harassed at work because of his or her race, religion, sex, national origin, age, disability, or sexual orientation, it is known as workplace harassment. It is against the law and considered a type of employment discrimination recognised by Irish Law and protected by the Equality Act 2000-2015. Sexual harassment in the workplace refers to any unwelcome conduct or advances that are sexual and interferes with a person’s job, create an offensive work environment, or intimidate the employee victim. Such behaviours may range greatly, from making or distributing offensive jokes, to inappropriate touching, or pressuring someone to engage in a personal or sexual relationship.

Although bullying and harassment are frequently linked and addressed in the same workplace policies, they are different. Because the terms harassment and bullying are often used interchangeably, it’s easy to get confused about what they mean. It is crucial to highlight that while all harassment is bullying, not all bullying is harassment. In law, this is also distinct. Bullying can turn into harassment when it involves the nine (9) grounds of discrimination, and if not addressed, can have major implications.

 

Complaint Process 

Businesses must recognise that bullying is a health, safety, and welfare risk and deal with reports of concerns quickly and appropriately, with clear processes in place to do so. There is an informal and formal process for dealing with genuine complaints relating to bullying and harassment. The employer should encourage behavioural issues to be dealt with informally when appropriate and quickly through Mediation. An Informal resolution can happen before a formal complaint is filed, or at any stage during the process. This should only be done with the consent of the individual filing the grievance. If the informal resolution fails, the following formal process should be used:

• The complainant first submits a formal written complaint to a member of Management or a designated person.
• The complaint should contain precise details of the bullying incident, including the dates and names of witnesses, where possible.
• A letter should be given to the individual accused of bullying or harassment as notice that a formal complaint has been filed against them. A copy of the complaint should be given, and the individual should be given the opportunity to respond to the allegations.

It should be noted that a complaint of any form of harassment or bullying may result in disciplinary action. Where a complaint of harassment or bullying is not upheld, no action shall be taken against the complainant provided the allegation was made in good faith.

The Health and Safety Authority, in accordance with section 60(1)(a) of the Safety, Health and Welfare at Work Act 2005, has published a Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work. This Code of Practice came into operation on 23^rd December 2020, and revokes and replaces the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work 2007.

 

Refer A Case Of Harassment & Bullying

Failure to adequately investigate a bullying or harassment complaint may result in an employee claiming constructive dismissal or discrimination. If an employer does not comply with relevant codes, then the likelihood of the employee succeeding on procedural grounds increases significantly. Under the Unfair Dismissal Act, 1977 which covers constructive dismissal employees can be awarded up to 2 years of remuneration. For harassment cases and victimisation, the employee can be awarded of max 4 years’ pay under the Employment Equality Act 2015 ( up to 2 years’ salary for victimisation and up to 2 years salary for harassment)

 

Organisations are increasingly turning to mediation to allow employees to handle issues in a controlled setting. We offer workplace bullying and harassment investigations and mediation services in the Republic of Ireland. Our consultants are trained mediators who will help you save money, time, and frustration while preventing harmful behaviours from spreading throughout your organisation. By uncovering the underlying causes of undesired behaviour and repairing the broken relationship, we attempt to produce a constructive solution for all parties involved. Best practice, accuracy, experienced expert handling, and precise record-keeping ensure a flawless process for Bullying or harassment investigations. To speak with a consultant, please send an email to enquiries@thinkpeople.co.uk