EL/09 Bullying and Harassment

Bullying and Harassment at Work

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This course is aimed at HR professionals in the public sector and covers the key issues that arise in resolving disputes and dealing with claims involving bullying and harassment in the workplace.


Welcome and Introduction

Distinguishing between bullying and harassment

  • Legal definition of Harassment
  • The Protection from Harassment Act 1997
  • ‘Bullying’ behavior in the workplace

 Bullying in the workplace

  • Seeking to define bullying
  • When does ‘strong’ management become bullying?
  • What conduct will the employer be liable for?
  • Unnacceptable behaviours – the duty of mutual trust and confidence
  • Health and safety – the employer’s duty of care

Harassment

  • The discriminatory basis of harassment
  • The importance of the victim’s perception
  • Off-duty conduct – what is done ‘in the course of employment’?
  • Individual and employer liability
  • The employer’s ‘all reasonable steps’ defence

Grievances relating to bullying and harassment

  • Seeking to resolve disputes informally
  • When is mediation appropriate and what are the pros and cons?
  • Legal and contractual grievance procedures
  • Potential outcomes of the grievance process
  • Transferring employees – potential pitfalls

 Bullying and harassment as a disciplinary issue

  • Codes of conduct on bullying and harassment
  • Investigating allegations – issues of confidentiality and fairness
  • Suspension – contractual issues
  • Disciplinary measures in response to bullying and harassment
  • Relevance of the victim’s wishes

Stress-related illness

  • Stress-related absence caused by bullying and harassment
  • A medical or managerial issue?
  • Agreeing terms for a return to work
  • If no return is possible – capability dismissals

 Final Questions and round-up of key points

Remember: All of our courses are individually designed to meet our client’s needs. This programme is just an illustration of what the course can cover.