Priti Patel saga puts workplace bullying in the limelight

Rather suitably, Anti-Bullying Week 2020 saw workplace bullying make the headlines courtesy of the Home Secretary, Priti Patel. Following the resignation of Home Office civil servant Sir Philip Rutnam earlier this year, together with the subsequent constructive dismissal claim that he is bringing against the government, the Prime Minister launched an inquiry into Ms Patel’s behaviour led by Standards chief Sir Alex Allan. The report concluded that Ms Patel had broken the ministerial code, which sets out the expected standards of behaviour in office. The Prime Minister himself, in the foreword, says that ‘There must be no bullying and no harassment’. This article briefly covers bullying and harassment, together with the potential repercussions of the same.

Whilst there is not a claim for bullying in its own right in an employment tribunal, bullying can become harassment, as per the statutory definition of ‘harassment’ contained within the Equality Act 2010, when the unwanted behaviour relates to one of the protected characteristics (age, sex, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation) and the conduct has the purpose or effect of violating another’s dignity or creating an intimidating, hostile, degrading or offensive environment.

It is important to recognise that bullying and harassment can result from the behaviour or actions of both employers and fellow employees, that incidents can be one-off or ongoing and can occur either face-to-face or via different forms of electronic or social media.

Employers need to be aware of the different behaviours or actions that can be classed as bullying and harassment, and further, ensure that they deal with instances of the same swiftly and seriously in order to avoid both reputational risk and potential financial repercussions. Whilst employers should have policies in place outlining how instances of bullying and harassment are dealt with, including a formal grievance policy, the absence of the same does not take away from an employer’s duty of care to employees whilst at work.

A failure to deal with bullying and harassment matters appropriately can result in:

(a)    An employee resigning and proceeding to make a claim for constructive dismissal for a breach of the implied term of trust and confidence (provided that the employee has the requisite qualifying period of employment).

(b)   An employee making a claim for discrimination (if the unwanted action or behaviour is due to a protected characteristic).

(c)    An employee making a civil claim for vicarious liability under the Protection from Harassment Act 1997. A claim under this legislation has potential where there has been a course of conduct which amounts to harassment of another and which one knows or ought to know amounts to harassment of the other (please note that a course of conduct relates to conduct on at least two occasions).

If you are an employer who requires advice relating to workplace bullying or requires assistance with drafting workplace policies, please enquire about our AskHR service through which employers can receive advice from qualified solicitors on a range of every day employment law queries and receive assistance with updating or producing a staff handbook.

Please contact Lianne Payne, Head of Employment and Senior Associate Solicitor, via email at Lianne@askewslegal.co or via telephone on 02476 935891.