We’re taught from a young age that bullying is wrong. It’s a fact of life – bullying is indeed wrong. And as we grow, it’s a message that sticks with us. From the classroom to the office, we have a sense of right and wrong. But what happens if you are unfairly and wrongly accused of bullying and harassment in the workplace? What can you do about it and how can a cool head help you through?
Bullying and Harassment in the workplace
The law, and as such many company policies, describes harassment or any unwanted behaviour or conduct as being “behaviour designed to create intimidation, fear, hostility, humiliation or an otherwise offensive environment”. It could also mean “any behaviour which violates another’s dignity”. The law prevents bullying and harassment under both the Equality Act 2010, in relation to a protected characteristic, and the Protection from Harassment Act 1997.
In short, it’s any behaviour which makes someone else feel extremely uncomfortable.
Harassment and bullying in the workplace can be dealt with in house. Often, as with most things, it could be remedied with a face to face meeting. It’s entirely possible that the employee accused did not mean any wrongdoing. It may be then, that reminding them of their duties, as set out in both their contract and any staff policies, will be enough to resolve the issue(s) and, in some cases, via a verbal or written warning.
A bullying and harassment policy should always be included in any staff handbook, supported by the employment contract.
If, however, the harassment continues and is repeated or is of a more serious nature, it may be that the employee is let go. This being the is the case, however, it’s important that correct procedures and policies are followed as, if it handled incorrectly, an employer may be leaving themselves open to a claim.
What if I have been accused of bullying?
Being accused of bullying and harassment at work can be a stressful and distressing time. As mentioned previously, it could be that it’s all been a misunderstanding and the employee who believed they were the subject of bullying and / or harassment misjudged the situation.
First things first, stay calm. If you’ve been accused of something – that does not automatically mean you’ve done it. An employer has to be able to demonstrate, on the balance of probabilities, that they have a reasonable belief that the employee is guilty of the alleged misconduct. If you get angry, you’re more likely to make snap decisions you might later regret. Take a deep breath, look at the situation and take a measured response. In the same way that an employer shouldn’t jump the gun and overreact, neither should an employee.
Taking a long view could show you where you’ve made a potential mistake and give you the chance to make amends – if possible. It could be that acknowledging the circumstances, owning them and apologising may resolve the issue before formal measures are needed.
Pointing the finger
Never confront an accuser or involve other people – this will only fan the flames – and could lead to a further allegation of victimisation – a second prohibited act under the Equality Act 2010. Keeping your own counsel throughout the situation is therefore key.
A lot of the time accusations are made on a confidential basis so it’s impossible to know who the accuser is. Do not try to be a super sleuth and work it out. Both of these examples will only make things worse and even if you are innocent, will only serve to tarnish your reputation further.
In the same train of thought, don’t turn into a vigilante and try to seek revenge. Again, you’ll only be hurting your own reputation which will turn place you at greater risk of dismissal.
Who can I talk to if I’m accused of bullying?
Always consult your HR department, if available, and your staff policies first. Reviewing staff policies will allow you to see where you may have erred; while talking to your HR department or line manager will give you the chance to discuss your options.
It’s always a good idea to put forward your side of the story if things seem to be progressing. A written statement and alibi where appropriate can help you if you have been wrongly accused, and can help any third party mediator (often HR) see it from both sides of the story and find a way forward, for the benefit of all parties.