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
- 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 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