Human Resource:Minimising workplace harassment

Akin AkinpeluAkin Akinpelu, Director of Studies, Chartered Institute Of Personel Management, Oyo State

The issue of harassment and bullying in the workplace is attracting the attention of many employers and employees both in the private and public organisations. The proactive ones are increasingly getting involved in discussing this topic. In this article, I have strong urge to discuss the main forms and grounds of harassment and bullying at work, outline how it affects employees and organisations. I will also examine its legal implications and give guidance or useful tips on how to minimise harassment and bullying at work.

Harassment, in general terms, “is unwanted conduct affecting the dignity of men and women in the workplace.” It may be related to age, sex, race, disability, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key issue is that the actions or comments are viewed as demeaning and unacceptable to the recipient.

“Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.”

“Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involves groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.”

Harassment can take many forms and occur for a variety of reasons. Often, it takes place when there are no witnesses, but not always. It can be a persistent behaviour over a period of time, but a one-off act may also amount to harassment. Bullying is just as unacceptable as any other form of harassment.

Harassment and bullying thrive in a workplace culture, where they are ignored rather than challenged. Absence of complaints does not necessarily mean no harassment is happening. Several revelations during counselling sessions show that bullying and harassment are still prevalent in the workplace causing poor performance, negative psychological states and high intention to quit. The conflict which harassment creates should not be underestimated. Employees can be exposed to high levels of personal stress which can damage morale and lead to higher labour turnover, reduced productivity, lower efficiency and divided teams. In every organisation, I am of the opinion that there is need for a clear, well-communicated policy so employees know the process to follow if they have concern about the way they or their colleagues are facing unwanted conduct. They need to be confident that making a complaint will not result in further intimidation or victimisation for themselves or anyone else involved.

Forms of harassment and bullying
Harassment and bullying can range from extremes such as physical violence to less obvious forms like ignoring someone. It includes:physical contact which is unwanted;unwelcome remarks about a persons dress, appearance, race or marital status, jokes, offensive language, gossip, slander, sectarian songs and letters, posters, graffiti, obscene gestures, flags, bunting and emblems, isolation or non-cooperation and exclusion from social activities, coercion for sexual favour, pressure to participate in political/religious groups, intrusion by pestering, spying and stalking, failure to safeguard confidential information, shouting at staff, setting impossible deadlines, persistent criticism, personal insults.

Harassment and bullying in their many forms can be delivered in a variety of ways. More traditionally, it happens through one to one conversations or group incidents but it is worth noting the term ‘cyber bullying’ - a relatively new phenomenon to our digital age which refers to the sending or posting of harmful or cruel text or images using the Internet or other digital communication devices.

Harassment can also exist as a result of the general prevailing culture, for example one in which it is acceptable to tell homophobic/ageist jokes.

Harassment has negative effects on employees and employers, and both have responsibilities when it happens.

Employers’ responsibilities: Employers need to take action to prevent harassment, encourage incidents to be reported, respond promptly and ensure policies are followed correctly. Legally, they have a common law duty of care, and responsibilities under health and safety and discrimination legislation.

According to recent research conducted by the Chartered Institute of Personnel & Development (CIPD) UK, “employers need to provide positive work environment to satisfy employee’s expectations under the psychological contract.” Additionally, findings from another recent surveys showed that those who experience bullying or harassment are more likely to be depressed and anxious, less satisfied with their work, to have a low opinion of their managers and senior managers and may want to leave their organisation which make a strong business case for organisations to tackle evidence of such activity.

To this end, in my opinion, employers’ responsibilities extend to any environment where work-related activities take place. These include social gatherings organised by the employer such as work parties or outings (when they are held at a time or place associated with the workplace). Organisations must maintain their commitment to promoting an open and non-threatening environment on these occasions. If they do not, the employer could be liable unless they were able to show they took reasonable steps to prevent harassment.

Employers should be especially aware of ‘cyber bullying’. Detrimental texts sent via mobiles or images of work colleagues posted on external websites following work events could amount to bullying. As this would be seen to have its origins in the workplace, the employer could be liable.

An employer can be ordered to pay unlimited compensation where harassment has occurred, including the payment of fines for injury to feelings.

Individual responsibilities: Individuals can be prosecuted under criminal as well as civil law and they could be personally liable and have to pay compensation themselves, as well as any payment the organisation may be ordered to make.

Individuals also have a responsibility to behave in ways which support a hostile-free work environment for themselves and their colleagues. They should play their part in making the organisation’s policy a reality and be prepared to take appropriate action if they observe or have evidence that someone else is being harassed.

Policies, communication and training: The sensitivities surrounding harassment have important implications for the design of effective policies and procedures to prevent it occurring. A well-designed policy statement is an important first step in addressing harassment and should cover all the complexities of intimidating behaviour, including bullying. Policy statements should be agreed with the trade union or employee representatives. Interestingly, organisations do not have policies which cover dignity at work.

You will agree with me that a policy does not automatically change cultures and behaviours, so senior management support and communicating the policy is essential, through staff handbooks and intranet, induction and training programmes and appraisal interviews.

Policy statements should: 
•give examples of what constitutes harassment, bullying and intimidating behaviour - it is also useful to define positive and supportive behaviours
•consider whether they need to introduce policies to deal with the use of texts or images of colleagues taken at work or work-related events (as most employees now carry mobile phones, many with cameras)
•explain the damaging effects and why it will not be tolerated
•state that it will be treated as a disciplinary offence
•clarify the legal implications of harassment, bullying or any other intimidating behaviour
•describe how to get help and make a complaint, formally and informally
•undertake that allegations will be treated speedily, seriously and confidentially
•promise protection from victimisation for making a complaint
•clarify the responsibilities of line managers, Human Resources (HR) department and the role of trade union or employee representatives.