Tina Chander explains that not all bullying is visible.
High-profile claims of bullying and harassment in the workplace have once again grabbed the headlines in the national media, but even for those who do not work in palaces, the impact of personal attacks by colleagues can be devastating.
Even in dental practices, incidents of ‘invisible’ workplace bullying are not unheard of. These incidents may involve an individual being left out of a conversation or feeling as though others are commenting on their ability, appearance or spreading malicious rumours about their personal life.
Not only can this behaviour damage the confidence and mental wellbeing of the individual concerned, but it can also have a serious impact on workplace productivity, as employees struggle to focus on tasks, whilst dealing with and processing the stress that comes with invisible bullying.
When an incident of this nature comes to the attention of practice owners, it is crucial that immediate action is taken to address the situation, as ignoring the problem could damage the hard-earned reputation of the business.
Bullying and harassment – what are the differences?
Harassment is defined as, “Unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.”
The protected characteristics include age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage or civil partnership and pregnancy or maternity.
If an employee is able to demonstrate that they have suffered harassment that is related to a protected characteristic, they will be eligible to bring a claim for discrimination under the Equality Act 2010 (‘the Equality Act’).
There are also occasions whereby an employee is entitled to bring a discrimination claim under the Equality Act, despite the employee not having the protected characteristic themselves. Therefore, it is important to bear in mind the following two situations:
- Where an employee is harassed because they are believed to have a protected characteristic, even though in reality they do not. This is known as ‘perceived discrimination’.
- Where an employee is harassed because of a protected characteristic that they do not personally possess but is possessed by someone they have a relationship with, for example, their friend, partner or family member. This is known as ‘associated discrimination’.
However, it is important to remember that perceived and associated discrimination do not apply to all the protected characteristics. Claims cannot be brought in relation to marriage and civil partnership or pregnancy and maternity for perceived or associated discrimination.
In the event an employee is unable to link the harassment to one of the nine protected characteristics listed above, such a route of redress via the Equality Act will not be available to them.
Unlike harassment, bullying does not fall under the Equality Act. Therefore, a claim on the basis of discrimination is not an option in respect of an employee who has been bullied, unless they are able to show the bullying also falls under the definition of harassment. This does not mean that employees who suffer from workplace bullying have no means of redress, however, it can be more difficult for these employees to ascertain the appropriate route forward given there is not one single piece of legislation which deals with this.
Drafting a thorough policy
As a practice owner, it is important to take steps to prevent this kind of behaviour, as this will reassure colleagues that you take such matters seriously and perpetrators could face disciplinary action if found guilty.
One of the most effective ways to prevent it is to develop and circulate a well drafted bullying and harassment policy, ideally using some of the advice and guidance that is offered by an experienced legal team.
However, before drafting and distributing the policy, it is important to get the backing of your senior management team, as these individuals will lead by example and enforce the policy on their colleagues.
Within the policy, it should be made clear that bullying and harassment is unlawful and will not be tolerated under any circumstances. By providing examples of behaviour that might constitute bullying and harassment, you can remove any grey areas too.
It should also reassure complainants that any issues raised will remain confidential, with reference to the company’s grievance procedures where necessary. Make it clear that the same rules apply to employees working away from the office too.
Other steps to take
Whilst a carefully drafted policy is a good starting point, it is not always enough to prevent harassment and bullying on its own. A responsible employer must ensure its workforce is aware of the issues, offering training to staff on how to act consistently.
Firstly, practitioners should be taught about the damage bullying and harassment does both to the employer and employees, with reference made to the staff handbook regarding acceptable behaviour and conduct. Not only this, but employees should be shown how to correctly register a complaint, so they feel reassured that any issues raised will be dealt with appropriately.
Practice owners should be clear about the standards of behaviour they expect, offering guidance on how working relationships should be managed, so that potential conflicts can be nipped in the bud before they escalate.
This is where strong leadership comes into play. The behaviour of senior managers will set the tone of professional behaviour and colleagues will follow the examples set. Effective leadership also means spotting the signs of bullying and harassment, acting quickly to address the situation before it develops.
A consultative management style with an ‘open door policy’ is an effective way to tackle workplace bullying and harassment, as employees feel they can approach management if issues occur.
Don’t ignore the problem
Of course, all organisations want to resolve accusations of bullying and harassment quickly, so that the complainant(s) can put the issue behind them and focus on work.
However, some incidents may be serious and demand more of the employer’s time. If this is the case, it is important to work through the complaint with the cooperation of all the involved parties – don’t make the mistake of thinking it has been sorted after one conversation.
If you fail to take the complaint seriously, then you immediately show the employee that this type of behaviour is acceptable, which is detrimental to the emotional wellbeing of the individual, who may then escalate the issue to senior management.
Not only this, but dealing with a tribunal claim can be lengthy and costly and is capable of damaging the reputation of your business, especially if it becomes clear that the issue was not handled properly.
Instead, tackle the issue head on and take all appropriate action to put a stop to unacceptable behaviour including taking disciplinary action against the perpetrator(s).
Conclusion
Like every business, dental practice owners expect their employees to represent the business professionally and to care for the mental wellbeing of colleagues in the same way they care for the physical health of their patients.
Unfortunately, these incidents of bullying do occasionally occur and it is important that employers have policies and procedures in place to nip them in the bud, so the individuals concerned can move forward positively.
If your business is finding it difficult to draft a comprehensive policy or it requires legal guidance with a recent incident, then it is important to contact an experienced legal team to provide assistance before the problem worsens.