We’ve all heard about bullying bosses. More people than you think have experienced managers who abuse their power and cause hurt towards those below them. In fact, one study from the Employment Law Alliance reported that a staggering 50% of employees surveyed had been the target of a bully boss. Whether it be intentional or unintentional, workplace bullying is a very real problem that must be tackled in our organisations.
 
Just last week I wrote an article outlining the important role company culture can play in preventing workplace bullying and harassment. However, the truth is that this is a hugely important topic which can only be addressed by a multi-faceted approach. For that reason, in this post I want to look beyond company culture and unpack how management and HR professionals can have a real impact in helping to eradicate workplace bullying and harassment.
 
Are there management styles that can be adopted to help limit harassment? Are managers currently doing enough? What needs to be done on the office floor to put an end to bullying and harassment? Here are three measures that can be taken to try and address these questions and ultimately reduce workplace bullying and harassment:

1. Educate Line Managers
 
Educating line managers on how to identify, mediate, and ultimately prevent harassment and/or bullying is by far one of the most important ways an organisation can prevent bullying and harassment.

There are two reasons for this. Firstly, line managers are in prime location to spot any bullying or harassment issues that may come up in the workplace. Secondly, the more educated a line manager is on bullying and harassment policies and standards, the less likely they are to commit any offences themselves. Additionally, the better the education around these issues, the more likely managers are to be both sympathetic and empathetic towards those who are victims of harassment.

When it comes to actual material that should be taught to both managers and HR professionals, it is imperative that it’s not solely focused on policies and guidelines (it goes without saying that every company should have clear policies in place). Too much theory is hard to transfer to real life situations and can make people lose focus. Training programmes should include role-play examples and incorporate emotional intelligence in order to ensure that managers are well versed in dealing effectively with their teams.
 
Organisational psychologist, Patricia Murray believes that about, “one third of the time, people are blind to their own engagement in a negative transaction with someone.” If this doesn’t highlight the need to further educate line managers in bullying and harassment issues I don’t know what will.
 
2. HR Must Engage Regularly With Staff

Consistent HR engagement and communication with staff at all levels is a major way to help put a stop to bullying and harassment. HR professionals should not underestimate the value of immediately sending out a message to all employees if an incident has occurred as this has the potential to knock a bullying issue on its head right from the off. Of course, it’s not always that easy and bullying and harassment in the workplace can be extremely complex. It may sound clichéd, but making sure that open lines of communication exist between HR professionals, line managers, and all staff encourages workers to come forward, harnesses trust and shows staff that when it comes to these very serious issues they have someone in the workplace to talk to.

3. Be Open to New Management Styles

Finally, businesses shouldn’t be opposed to adopting or trying new management styles that may make the workplace more open and transparent, and ultimately help to reduce bullying and harassment. Agile management, for example, focuses on a horizontal management structure, with much less of a hierarchy between workers. As cases of bullying and harassment often come from power dynamics and abuses of power, creating a management structure wherein workers are on much more of a level playing field has the potential to reduce incidents of both bullying and harassment. Even minor changes like the size of teams or the number of office managers can go a long way to helping to find a solution to bullying issues in the workplace.

That’s not to say that changing management structures is guaranteed to reduce bullying and harassment – there will always be incidents that need addressed in the workplace. Finding out what management style best suits your business and helps teams gel together most effectively is very important when it comes to reducing workplace bullying and harassment, and increasing talent retention and acquisition.
 
As my last two articles have shown, there is a vast array of measures which companies both can and should be adopting to tackle this pressing issue. HR as a department must take a stand against bullying and harassment of all sorts in the workplace – luckily we are very well placed to make a true difference.  
 
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​

When Disney’s remake of The Jungle Book hit the cinemas, I was one of the first people in line to see it. As a child I was fascinated by the movie; by this boy who lived with wild animals and overcame such unheralded challenges, and I wanted my kids to experience the same intrigue I did.

As an adult, sitting in the cinema with an over-sized tub of popcorn I knew I’d never finish, I realised the movie that had captivated me so much as a child, holds just as much sway over me today. The only difference is this time it's because of the valuable HR lessons it provides.

Here are four key lessons The Jungle Book teaches us:

#1. Employee Inclusion
From the outset we see how Mowgli’s engaged and fully integrated relationship with the wolves. They have accepted him as one of their own and treat him just as they would any of the other cubs, despite his obvious differences. The result of this sense of inclusion is a loyalty and commitment to the pack that runs to the very core of our protagonist.

Employers and team leaders would be well advised to promote inclusion of all employees under their watch if they wish to get the very best out of them. Recent research conducted by the Gallup Organization, which appeared in the Harvard Business Review, shows organisations with a high level of engagement report 22% higher productivity, as wells as lower employee absenteeism and attrition.

#2. Encouraging Diversity
As was the case in The Lion King, The Jungle Book too teaches us that every creature in the Jungle, no matter how big or small, plays an important role in a complex cycle that ultimately leads to a flourishing and vibrant environment.  Even in times of hardship and great change, as represented by the long drought in the movie, the animals adapt, acknowledging that their individual survival is dependent on their wellbeing as a collective.
In much the same way, more and more employers today are recognising the multiple benefits of diversity to their organisations. Having a broad range of workers – of different ages, gender, race, experience, sexual orientation, etc – with different viewpoints and skills helps keep a company evolving, recognising new opportunities and delivering results for its shareholders.

In 2015 a report by Grant Thornton demonstrated that boards with women on them consistently out-perform those with just men. Meanwhile an MSCI Report revealed that companies with more women on their boards deliver a 36 percent better return on equity than those lacking board diversity.

#3. Workplace Bullying
Earlier this year a survey we conducted into workplace bullying showed that four in 10 employees have been the victims of some form of workplace bullying at some stage in their careers. Sadly, our research also showed that in 80 percent of cases the victim took no action and the issue was never addressed.

Happily, in The Jungle Book, Sher Khan, the villain of our story, eventually gets his comeuppance. However, the cruel tiger’s intimidating and aggressive behaviour perfectly reflects the devastating impact a bully can have on workplace morale, employee wellbeing and organisational harmony. A decline in any of these areas will ultimately impact on staff turnover and your company’s bottom line.

#4. Role Models
Throughout his time in the Jungle, Mowgli encounters a number of key characters who impact hugely on the man he will ultimately grow-up to be. From Akela, the leader of the wolf pack, who teaches him the importance of unity and team work, to Bhagerra, who places huge value on rules and responsibility, to Baloo, who encourages him to embrace his natural talents and not to fret over the little things.

Role models aren’t just for our childhood or for kids’ stories. As employers and managers we should lead by example, extolling the virtues we hold dearest and encouraging our employees to do likewise. This is where the importance of company culture comes into play. You can’t expect a shop assistant to practice good customer service if she sees you being rude to a client.

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Bullying is something many of us have encountered in our lives. Luckily for most of us, it’s a distant memory from our days in the school yard. Sadly, that’s not the case for everyone. As part of our Social Media Series, we conducted a survey of Irish business professionals and were shocked to find that 46% of respondents were victims of bullying in the workplace.

It’s not just kids that are being picked on online either. Our research revealed that almost four in 10 professionals have experienced cyber bullying, with 42 percent being targeted through social media and 28 percent via email with their work, relationships with colleagues, physical abilities and appearance being the most common focus for the bullies.

Understandably, many of these individuals have experienced dissatisfaction with their jobs (83%) feelings of depression (66%) and a lack of confidence (60%) as a direct result of the bullying. While the majority (80%) of individuals tried to just ignore the issue, it is very sad and worrying to see that of the 20 percent that did report the problem or make a formal complaint, only two fifths felt their employer took appropriate measures to deal with it.
As employers we have a duty of care to our employees and should strive to create a safe and positive environment. No matter how you dress it up, whether it’s physical or cyber, bullying is bullying and should be treated with the utmost seriousness.

Let’s set the scenario: A member of staff comes to you to complain that they are being bullied on Facebook by a fellow employee and that they are considering leaving the business as a result of this behaviour. What do you do?
Firstly, there are two issues that you should be concerned about in this situation that are linked but should be dealt with separately;

1. Properly investigating the bullying allegation
2. Ensuring that if the staff member leaves that you don’t face an action for constructive dismissal.

 
Unless you have experience in these matters and are happy that you will be able to deal with the investigation, you should consider getting advice from a HR consultant before embarking on taking any action.  However, if you do decide to proceed on your own here is a seven step outline of the process you should go through:

#1 Refer to your policy on bullying that you should have in your handbook or safety statement and should have been given to every staff member. You should also clearly state your company’s stance on bullying in your social media policy. If you don’t have a policy, you are already in a difficult situation as you will have to investigate the allegations without a written policy or procedure in place that could result in problems if you do find yourself defending a claim for constructive dismissal.

#2 Sit down with the staff member who is making the allegations and take a full and detailed statement from them under the following headings:

• Confirmation of who they are making the allegations against;
• Full details of the particular incidents they are complaining about and
• Whether there are any witnesses to the alleged incidents.

Difficult as it may be you should resist drawing any conclusions or committing yourself to any particular course of action before you have had a chance to talk to all those concerned. 

#3 Depending on the seriousness of the bullying allegations and the state of mind of the staff member making the allegations you might also want to consider if it is appropriate to offer them time off, on full pay, whilst you are carrying out your investigation. You should then, if practical, put the allegations into some form of a statement for the employee to consider and sign. You should also assure them that they should remain on as an employee until the investigation is completed and a decision is made as to what action to take, if any.

#4 Following this, talk to the person who has been accused of the bullying behaviour.  This is clearly going to be an awkward situation and it is not uncommon for the person to express disbelief and shock at the allegations.  Again it is important that you give as much information on the allegations so that the person has time to consider them and respond accordingly.  You should also make it clear that you are merely conducting an investigation into the allegations and that this is not a disciplinary process.  Again, if possible you should get the staff member to prepare some form of statement in response to the allegations.  As with giving the alleged victim an option of time off, you may also have to consider a suspension on full pay of the person accused of the bullying if you feel the situation is serious enough for that course of action. 

It is essential that you assure the staff member who has been accused of bullying in the workplace that the suspension option is only because the work circumstances mean that it would be difficult for the two individuals to work together and not part of a disciplinary sanction.

#5 You should also take statements from any other members of staff or otherwise that either of the employees offer as witnesses.

#6 Once you have completed the process of taking the statements you will then have to consider if there are grounds to take the next step which is a disciplinary investigation.  The difference with this investigation is that you are taking an action on a staff member under your disciplinary procedure.  Again, if you don’t have a written procedure in place you have to make sure that you carry out the investigation fairly and give all parties as much information as possible as to what is being alleged and an opportunity to answer any claim made against them.

#7 Once the disciplinary investigation is completed, depending on the outcome of the investigation, you will then have to take the appropriate action against the staff member.  For example, if the allegations are found to be true and to be at the higher end of the scale you may have to consider a dismissal or a suspension.  For lesser offences you could issue a written or verbal warning on the clear understanding that if there is a re-occurrence that the possibility of dismissal is high.  This process will be a lot easier if you have in place a proper written procedure on how a disciplinary process will work, irrespective of the type of conduct by the staff member that requires action by the employer.As I mentioned at the start, investigating and addressing the accusation of bullying in the workplace is one issue. As an employer it is important to ensure you minimise your exposure to claims of unfair dismissal. The best way to do this is to clearly demonstrate a fair and rational disciplinary procedure. It should clearly set out the basis for the disciplinary action and the range of penalties that can be imposed. It should also provide for some form of internal appeal mechanism.  This is another reason why an employer should consider having another senior member of staff or an outside person carry out the initial investigation as the employer can be the person to hear the appeal.  Any allegations should be clearly explained to the employee concerned and they should be given a chance to respond fully to these allegations.  An employee has the right to be represented, if they wish, and if appropriate all allegations should be set out in writing.

Following on from this if an employer can show that a fair process was followed then it would be more difficult for a disgruntled employee to resign from their job and then bring an action for constructive dismissal.  A lot of constructive dismissal claims, where an employee resigns but claims that they were left with no option, are grounded on the allegation that the investigative and/or the disciplinary procedures followed by the employer were flawed and did not follow the employers own policies or if there were no policies did not follow the rules of fairness and natural justice.
 
Given the relative size of a lot of small businesses the reality is that investigations into these types of allegations are difficult, particularly as both the accuser and the accused often work in close proximity to one another.  The employer can also find it difficult because they don’t want to have to take sides or be seen to make the wrong decision.  If you feel that you are unable to be objective, you should consider getting another senior person unconnected with the situation to carry out the investigation or alternatively get someone from outside the business to do it who has some experience in these matters.  That way you will certainly be able to show that you took the allegations seriously and had a full and thorough investigation into the allegations.

For more helpful HR tips and advice, CLICK HERE to sign up to our monthly newsletter.
 
David Bell is Managing Director of The HR Department, outsourced human resources specialists for Irish SMEs.
 
The contents of this article are necessarily expressed in broad terms and limited to general information rather than detailed analyses or legal advice. Specialist professional advice should always be obtained to address legal and other issues arising in specific contexts.

There are many different types of personalities out there, some of which can create a negative impact on your company. In my last blog I highlighted the effects of a negative employee and offered some tips on how to deal with negativity in the workplace, this week I focus on the tricky personality of the passive-aggressive employee. 


Characteristics of a Passive-Aggressive Employee:

The passive-aggressive employee is often angry, but they express their anger in indirect ways, which can be confusing and even infuriating. Whilst this personality type does not necessarily have a specific look, rather it is identified through actions or behaviours employed in daily interpersonal communication and work.

A passive-aggressive employee’s indirect resentment can drain the energy of a whole workforce. The result on morale, teamwork, communication and results can be devastating.

Passive-aggressive employees can be categorized into various types:

The Behind the Scenes Grumbler:  When given a task, a passive-aggressive employee constantly complains about not being respected for the work they do yet to the boss, the individual will display signs of courteous agreement with an undertone of disapproval.

The Perplexed Pretender: When requested to assume responsibility for a task, this person feigns misinterpretation in an attempt to perform less whilst provoking management.

The Counter Compliant: In being asked to perform a duty, this employee purposely falls just short of compliance, but only to a point that complaining about it seems inconsequential. The individual, with quiet contempt, takes action toward finishing the request, but in the process forces another party to handle the last 10 percent.

The Intentional Inefficient: Being aware that ultimate responsibility for productivity and efficiency falls upon the shoulders of a fellow team member, this employee takes steps to diminish the end result. The employee spins the failure to successfully complete the task, as though it is due to their hardworking nature and that someone else failed.

The Convenient Contributor: This employee does as little as possible when the boss is around, but as soon as the superior is unavailable, they think of a task that requires authorisation, and because their direct manager is not available it is necessary to go to the next level of management for approval.  Potential claims from the direct management about lack of performance lose credibility and make them seem unappreciative of the employee in question.

The Well-Timed White Knight: Always wanting to save the day with an office problem, this individual waits until the boss is out of the office to create a crisis. The employee then steps in and goes over the boss’ head, seeking out a manager in order to gain approval for necessary actions.

The Prolonged Performer:  This employee is willing and able to undertake a project but takes so long to complete it that the task-giver regrets asking in the first place.


Barriers to Overcome with a Passive-Aggressive Employee:

Confusing Communication: Passive-aggressive employees might say one thing, like “Sounds great!”, but mean quite another, which can often be perplexing and bewildering.

Mixed Messages: It’s difficult to be confident in a passive-aggressive individual’s apparent agreement as a commitment: “I said I would handle the project, didn’t I?” On some level, you may sense there’s a possibility that the employee will not do what was “agreed”, or that it will be done with resentment.

Fighting Fire with Fire: As passive-aggressive people are angry to begin with, an employee in question is likely to meet anger with even greater disrespect. It may be difficult but getting angry or being sarcastic in return will escalate the situation.


Objectives to Introduce when Dealing with a Passive-Aggressive Employee:

Address the Issue Head On

It is very important to be clear about any passive-aggressive behaviour you have observed in the workplace by scheduling a meeting with the employee in question. Document specific incidents so you can talk in detail about when it happened and how it affected the team. Facts are essential in managing employee behaviour, and repetitive and toxic actions should be addressed.

Don’t Mirror the Anger

Once you have acknowledged the employee's behaviour as passive-aggressive, it is crucial to stay calm and collected when dealing with the situation. While this can be difficult, reacting emotionally will only make the situation worse. Stick to the facts and keep calm - being responsible for your own behaviour and responses is the best line of defence.

Ask about the Anger

Calling an employee out on their passive-aggressive behaviour can be very successful. By stating that the individual seems rather angry and suggesting having a chat about the reasons why, you approach the situation in a calm and controlled manner. Passive-aggressive people work hard to mask their deep rooted anger, so dealing with it in an empathetic manner is an effective technique for a manager.

Understand that You Can’t Change a Passive-Aggressive Employee

The actions of a passive-aggressive person are complex, and their behaviour is often a way of coping with stress, anxieties and insecurities. Whilst confronting them is a step forward in dealing with the issue, there is no guarantee the employee will accept and understand your opinions. Only when they become self-aware in understanding their own thoughts and actions can the person change.

When dealing with a passive-aggressive employee, it is more beneficial to focus on what you can do to improve the situation rather than try to change their attitude. Negative workplace behaviours such as passive aggression, bullying or sociopathic tendencies will all become problematic if managers allow individual behaviour to become more important than the team.

Focus on Your Team

As previously stated, having a passive-aggressive employee in your company can be extremely stressful and disastrous not only for you but for your business, as negative attitudes and behaviour tend to be contagious. To try and reduce the risk of passive-aggressive attitudes forming, adopt a culture of open communication and constructive feedback in the workplace. As a manager, be authentic, be consistent, be compassionate and check in with team members regularly. When these strategies are in place, behaviours like passive-aggression are silenced and don't have room to propagate.



The contents of this article are necessarily expressed in broad terms and limited to general information rather than detailed analyses or legal advice. Specialist professional advice should always be obtained to address legal and other issues arising in specific contexts.

Bullying in the workplace continues to be a major human resources issue in Ireland. For small to medium business owners discovering that a member of your staff is being bullied can be a major cause of stress and anxiety. More significantly, if it is not addressed in a timely and appropriate manner it can lead to damage to your business’s reputation, costly legal disputes and a loss of earnings.

Let’s set the scenario: A member of staff comes to you to complain that they are being bullied by a fellow employee and that they are considering leaving the business as a result of this behaviour. What do you do?

Firstly, there are two issues that you should be concerned about in this situation that are linked but should be dealt with separately;

1.       Properly investigating the bullying allegation

2.       Ensuring that if the staff member leaves that you don’t face an action for constructive dismissal.

Unless you have experience in these matters and are happy that you will be able to deal with the investigation, you should consider getting advice from a HR consultant before embarking on taking any action.  However, if you do decide to proceed on your own here is a seven step outline of the process you should go through:

1. Refer to your policy on bullying that you should have in your handbook or safety statement and should have been given to every staff member.  If you don’t have a policy you are already in a difficult situation as you will have to investigate the allegations without a written policy or procedure in place that could result in problems if you do find yourself defending a claim for constructive dismissal. 
2. Sit down with the staff member who is making the allegations and take a full and detailed statement from her under the following headings:

·                     Confirmation of who she is making the allegations against;

·                     Full details of the particular incidents she is complaining about and

·                     Whether there are any witnesses to the alleged incidents.

Difficult as it may be you should resist drawing any conclusions or committing yourself to any particular course of action before you have had a chance to talk to all those concerned. 

1. Depending on the seriousness of the bullying allegations and the state of mind of the staff member making the allegations you might also want to consider if it is appropriate to offer her time off, on full pay, whilst you are carrying out your investigation. You should then, if practical, put the allegations into some form of a statement for the employee to consider and sign. You should also assure her that she should remain on as an employee until the investigation is completed and a decision is made as to what action to take, if any.

1. Following this, talk to the person who has been accused of the bullying behaviour.  This is clearly going to be an awkward situation and it is not uncommon for the person to express disbelief and shock at the allegations.  Again it is important that you give as much information on the allegations so that the person has time to consider them and respond accordingly.  You should also make it clear that you are merely conducting an investigation into the allegations and that this is not a disciplinary process.  Again, if possible you should get the staff member to prepare some form of statement in response to the allegations.  As with giving the alleged victim an option of time off, you may also have to consider a suspension on full pay of the person accused of the bullying if you feel the situation is serious enough for that course of action. 

It is essential that you assure the staff member who has been accused of bullying in the workplace that the suspension option is only because the work circumstances mean that it would be difficult for the two individuals to work together and not part of a disciplinary sanction.

1. You should also take statements from any other members of staff or otherwise that either of the employees offer as witnesses.
2. Once you have completed the process of taking the statements you will then have to consider if there are grounds to take the next step which is a disciplinary investigation.  The difference with this investigation is that you are taking an action on a staff member under your disciplinary procedure.  Again, if you don’t have a written procedure in place you have to make sure that you carry out the investigation fairly and give all parties as much information as possible as to what is being alleged and an opportunity to answer any claim made against them.

1. Once the disciplinary investigation is completed, depending on the outcome of the investigation, you will then have to take the appropriate action against the staff member.  For example, if the allegations are found to be true and to be at the higher end of the scale you may have to consider a dismissal or a suspension.  For lesser offences you could issue a written or verbal warning on the clear understanding that if there is a re-occurrence that the possibility of dismissal is high.  This process will be a lot easier if you have in place a proper written procedure on how a disciplinary process will work, irrespective of the type of conduct by the staff member that requires action by the employer.

As I mentioned at the start, investigating and addressing the accusation of bullying in the workplace is one issue. As an employer it is important to ensure you minimise your exposure to claims of unfair dismissal. The best way to do this is to clearly demonstrate a fair and rational disciplinary procedure. It should clearly set out the basis for the disciplinary action and the range of penalties that can be imposed. It should also provide for some form of internal appeal mechanism.  This is another reason why an employer should consider having another senior member of staff or an outside person carry out the initial investigation as the employer can be the person to hear the appeal.  Any allegations should be clearly explained to the employee concerned and they should be given a chance to respond fully to these allegations.  An employee has the right to be represented, if they wish, and if appropriate all allegations should be set out in writing.

Following on from this if an employer can show that a fair process was followed then it would be more difficult for a disgruntled employee to resign from her job and then bring an action for constructive dismissal.  A lot of constructive dismissal claims, where an employee resigns but claims that they were left with no option, are grounded on the allegation that the investigative and/or the disciplinary procedures followed by the employer were flawed and did not follow the employers own policies or if there were no policies did not follow the rules of fairness and natural justice.

Given the relative size of a lot of small businesses the reality is that investigations into these types of allegations are difficult, particularly as both the accuser and the accused often work in close proximity to one another.  The employer can also find it difficult because they don’t want to have to take sides or be seen to make the wrong decision.  If you feel that you are unable to be objective you should consider getting another senior person unconnected with the situation to carry out the investigation or alternatively get someone from outside the business to do it who has some experience in these matters.  That way you will certainly be able to show that you took the allegations seriously and had a full and thorough investigation into the allegations.

The contents of this article are necessarily expressed in broad terms and limited to general information rather than detailed analyses or legal advice. Specialist professional advice should always be obtained to address legal and other issues arising in specific contexts.