Bullying and harrassment at work

New ‘Code’ is now effective

Long needed, a ‘Code’ of Practice for Employers and Employees to prevent and deal with bullying at work is now effective since December, 2020. The 2020 Order was jointly published by the Health and Safety Authority (HSA) and the Workplace Relations Commission (WRC) and falls in with the Industrial Relations Act, 1990, replacing two previous Codes.

Now, both employers and employees’ obligations relating to preventing and resolving workplace bullying under both Health and Safety legislation and Workplace Relations legislation are contained in the new Code.

Bullying is repeated, inappropriate behaviour that undermines your right to dignity at work. It usually takes place over a period of time. It can be done by one or more persons and it is aimed at an individual or a group to make them feel inferior to other people. Bullying can be direct or indirect, and can include verbal, physical or cyberbullying. Cyberbullying is bullying which is carried out online, through mobile phones, social networking sites, email or texts. The terms ‘bullying’ and ‘harassment’ are different. Behaviour can be considered to be either bullying or harassment but not both.

Bullying can take many different forms such as:

• Social exclusion and isolation
• Verbal abuse and insults
• Being treated less favourably than colleagues in similar roles
• Belittling a person’s opinion
• Spreading malicious rumours, gossip or innuendo
• Intrusion – pestering, spying or stalking
• Intimidation and aggressive interactions
• Excessive monitoring of work
• Withholding information needed for the person to perform their job properly
• Repeatedly manipulating a person’s job contents and targets
• Blaming a person for things beyond their control
• Use of aggressive or obscene language
• Other menacing behaviour

An isolated incident of the above behaviour is not considered to be bullying.

Bullying can happen at all levels within an organisation and can be conducted by customers, clients and business contacts. 

A statement of the employer’s anti-bullying policy should be displayed prominently within the workplace – this policy should be developed together in consultation with your employees. 

The Code provides a non-exhaustive list of what is not bullying, which includes:

• strongly expressing differences of opinion;
• offering constructive feedback, guidance, or advice about work-related behaviour, which is not of itself welcome; and
• ordinary performance management.

The organisation’s culture has a part to play according to the Code
The Code identifies a number of essential elements required for the creation of a positive organisational culture.  This includes good leadership, proper communication and staff training, and the resolution of complaints in a supportive, effective and fair manner.

Resolution
The Code allows for all informal avenues of resolution to be exhausted before management initiates  the formal process takes place. As with other formal processes, there must be communication of outcome, right to representation and right to appeal.

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If you feel any of the above applies to your business or you need help with a suitable bullying policy, feel free to give me a call to explore your options.

If you would like to talk to Dermot, please call on Tel: 086-8436361
Or email: Dermot@ddhrsupportandadvice.com