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Gives introductory guidance on the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work 2020
S.I. No. 674/2020 - Industrial Relations Act 1990 (Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work) Order 2020 was prepared under the Safety, Health and Welfare at Work Act 2005 along with the Workplace Relations Commission under the Industrial Relations Act 1990.
This Code of Practice provides practical guidance for employers on identifying and preventing bullying at work and applies all employments in Ireland irrespective of where work takes place, at home or in the workplace. It recognises employees’ duties to not engage in improper conduct or behaviour that is likely to endanger his or her own safety, health and welfare at work or that of any other person. It also covers cyber or digital means of bullying.
Below we summarise the key elements.
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The Code explains the rationale for dealing with bullying at work A feeling of being victimised or targeted negatively impacts performance and productivity at work as well as a person’s mental wellbeing, and it is best to prevent situations where bullying might arise.
Bullying can have serious effects on the person being bullied, an individual who wrongly feels bullied, and those accused of bullying. For an employer, bullying can result in dysfunctional work environments, low morale, lost time and litigation issues.
The Code highlights the need to clearly state that bullying is not acceptable, and that complaints of bullying will be dealt with sensitively. The Code reinforces obligations for employers to have procedures in place, to progress complaints informally where possible, and as appropriate, formally.
The Code separates out bullying and harassment and clarifies that a behaviour can be deemed either bullying or harassment, not both. Harassment/sexual harassment falls under the Employment Equality Acts and is related to any unwanted verbal, non-verbal or physical conduct related to any of the discriminatory grounds under the Employment Equality Acts. An employer may have an single policy encompassing procedures for both bullying and harassment.
The definition of bullying in the workplace has not changed:
Workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could be reasonably regarded as undermining the individual’s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work, but, as a once off incident, is not considered to be bullying.
Bullying involves repeated incidents or a pattern of behaviour that have the effect of intimidating, offending, degrading or humiliating a particular person or group of people. It is offensive behaviours that undermine a person’s esteem and standing in a harmful, sustained way, and a reasonable person would regard as clearly wrong.
Bullying activities involve behavioural patterns, directly or indirectly, spoken and/or written and can include the use of cyber or digital means for the goal of bullying. A bullying pattern is likely to include more than one of the following:
The Code helpfully distinguishes bullying from other inappropriate behaviours or workplace engagement. A once-off incident of bullying behaviour may be an affront to dignity at work but does fall within the definition of bullying.
Behaviours which may upset or unsettle a person are not necessarily bullying. Behaviour considered bullying by one person may be considered routine interaction by another, so the ‘reasonableness’ of behaviours over time must be considered. Disrespectful behaviour, conflicts and disagreements do not, of themselves, make for a bullying pattern.
Specifically the Code clarifies that bullying does not include:
Bullying can involve people in many different situations at work. Factors which can be associated with a risk of bullying at work are:
Every individual in the workplace has a role in promoting a positive workplace free from bullying behaviour.
Each employer is required to:
Each employee is required to:
The Code calls out how the culture of an organisation is an important factor in creating and maintaining a positive workplace environment free from bullying, intimidation or on-going negative behaviour. A positive workplace includes good leadership, a culture of involvement and a proper flow of communication, intolerance of inappropriate behaviour, training of staff on acceptable behaviour or conduct, an open and transparent pattern of relating based on mutual respect and dignity for all.
Preventative actions include:
A contact person role may be used to act as the first step for anyone enquiring about a possible bullying case and can help to resolve matters early and more effectively. The role is generally a supportive one: to listen, and offer guidance on options in line with company policy, all on a strictly confidential basis. Such individuals should be carefully selected and trained and should not have a role in the investigation of any complaints.
The Code identifies a number of principles and steps for employers to responding to a workplace bullying complaint at the workplace.
Early intervention
Any complaint about, or awareness of, alleged bullying should receive quick, calm and consistent attention. Early intervention offers the best possible potential for a mean a rushed approach.
Mediation
Mediation is an informal voluntary process where an impartial third party enables individuals to work through conflict or disagreement, with a view to improving their relationship. It is a valuable tool at any stage in a procedure, but particularly beneficial at the earliest possible stage.
Informal process
A prompt and informal problem-solving approach offers a collaborative and non-adversarial approach to resolve the matter by agreement without further escalation. An informal discussion is often sufficient to alert the person concerned to the effects of the alleged behaviour and can lead to a greater understanding and an agreement that the behaviour will stop. People need to be confident that they will be listened to, taken seriously and dealt with fairly and effectively and managers have to have the confidence and capacity to engage and respond appropriately.
In smaller organisations, the person heading that organisation, should not try to informally resolve a complaint personally but should refer the matter to a senior manager, or draw on external expertise.
Secondary informal process
If the above is unsuccessful or is deemed inappropriate for the seriousness of the issues, a more protracted, yet still informal system can be put in place.
Formal process
Escalating a complaint to a formal process should only be done when the informal approach has been exhausted and/or following a review of all aspects of the circumstances.
The formal process includes a formal complaint and a formal investigation. The purpose of an investigation is to set up a fact-finding approach and determine the facts and credibility or otherwise of a complaint of alleged bullying. an investigation will make it more difficult to restore normal workplace relations and may not have the desired outcome for the parties concerned. The outcome of an investigation may eventually, separately lead to a disciplinary process being instigated in respect of the person complained of, but the investigation itself will be a fact-finding one with the focus on what occurred or did not occur.
A number of steps are outlined for this process
See Appendix 1 of the Code of Practice on how to prepare an anti-bullying policy
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