​Management should be a staff member’s first port of call when faced with bullying in the workplace. But what happens if bullying takes place between a manager and staff member, regardless of whether it is upwards or downwards bullying?

A US study revealed that workplace bullying could cost businesses $250 million per year. Workplace bullying can impact a business financially, as well as contribute towards reputational and performance damage.
Businesses should take action against upwards and downwards bullying, and protect their organisations.

Downwards Bullying
While often workplace bullying refers to that which takes place between staff members, it can also take place between managers and their subordinates. downwards bullying refers to managers who bully their staff, or a certain member of staff.

With 80% of workplace bullying cases taking place from a position of power, downwards bullying can be unfortunately commonplace in many working environments.

We spend much of our lives in the workplace, forming relationships with co-workers. However, when a manager begins to bully a staff member, it can have lasting consequences, not only on that individual, but on the rest of their staff and the wider organisation.

How Can a Manager be a Bully?
While some managers are simply tough, bullying managers will be guilty of giving an employee unattainable tasks that either the individual is not trained for, or cannot complete under the deadline.

A manager may bully a staff member through overbearing supervision, or constant criticism of their work. Rather than provide constructive feedback, an effective management style, leaders may choose to bully staff by giving them constant negative feedback about different aspects of their work.

Another way in which downwards bullying can take place within the workplace, is through the blocking of promotion of certain staff members, or a manager threatening a staff member over their job security from no fault of that individual.

The Impact of Downwards Bullying
Top-down bullying can have a lasting impact, not only on a manager’s team, but also on the organisation as a whole. If a staff member is a victim of bullying from their manager, this will inevitably lead to a breakdown in communication between these two individuals.

Staff members may feel intimidated or even humiliated. This can lead to absenteeism, ultimately affecting the performance of that individual team, and the organisation.

Leading on from this, if an organisation failed to act upon any complaints against a bullying manager, their reputation amongst stakeholders and wider internal and external publics could also be damaged.

Upwards Bullying
While downwards bullying may be more common, upwards bullying can also take place within any working environment, large or small. Upwards bullying takes place when a subordinate staff member bullies their own manager, or another member of management in their workplace.

A recent Irish case saw a victim of upwards bullying, Geraldine McCarthy win a Court of Appeal against her employer, ISS Ireland Ltd, for not providing a safe place to work.

Between May 2009 and February 2011, the supervisor was subject to five separate incidents, where her subordinates displayed aggressive, abusive behaviour. Despite making a complaint to the employer after the first incident, no action was taken, leading to an unsafe workplace for McCarthy.

How Can a Subordinate be a Bully?
A subordinate may bully through spreading gossip or falsehoods about their supervisor or manager. Just as in the above case, subordinates can also bully management through verbal or physical aggression, leading to intimidation or humiliation of the manager.

Upwards bullying can also take place when an individual may gain a new management role in a new organisation or department, tasked with supervising staff members who may be longstanding. While the new staff member may be at a managerial level, they may feel intimidated or threatened by longstanding, subordinate colleagues.

The Impact of Upwards Bullying
Upwards bullying can make a significant impact on the ability of a manager to do their job. The dynamics of a workplace can be affected, with employees losing respect for that manager, and vice versa.

In turn, managers may become disengaged or ‘absent’ in their roles. Their health could also deteriorate as a result of stress and humiliation.

As with downwards bullying, the disengagement of management as a result of upwards bullying can lead to a breakdown in communication between staff. This could have lasting consequences for an organisation, as subordinate staff members become harder to control or negotiate with, affecting the performance of a company. Again, this can also lead to a deterioration in an organisation’s reputation.

Paired with the possibility of increased staff turnover, both downwards and upwards bullying can be costly to an organisation, leading to performance and reputational damage.

Take Action
Tackle any cases of upwards or bullying as soon as possible. By dealing with such situations head-on, organisations can protect their own reputation and performance, as well as ensuring healthy working environments for all staff, regardless of role.

While it can be difficult for victims of downwards bullying to report to management about their colleague, employees should be assured that a company’s HR team has an onus to deal with bullying. In Ireland, workplaces have a legal duty to ensure that their environments are safe places to work.

In terms of upwards bullying, affected managers can demonstrate their authority by calling on their superiors for help to tackle subordinate bullies, in a sufficient and decent way. 

By instilling an intolerance towards bullying in the workplace, an organisation can ensure that such incidences do not take place. If peers champion this culture, workplace bullies can be dealt with quickly. This will ensure that a business’ performance will not be affected, while remaining a safe place to work for employees.

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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The recent reports of workplace harassment, especially in the tech industry, are nothing short of appalling.  Some of the biggest tech companies in the world, from Uber to Squarespace, have found themselves at the centre of harassment scandals as more and more people come forward to unveil their traumatic experiences. With a shocking 60% of surveyed women working in tech in Silicon Valley saying they have been subject to unwanted sexual advances, the time for action is long overdue.
 
Let’s be clear, harassment comes in many forms – be it sexual or otherwise – and it is certainly not confined to the tech industry. While the Employment Equality Acts are in place to ensure all employers are obligated to prevent harassment in the workplace, more can be done when it comes to developing a workplace environment that stamps out harassment of all kinds.
 
Being the go-to department for dealing with harassment in the workplace, HR is crucially placed to help companies knock both harassment, and bullying, on the head. Of course there are many ways to tackle this issue – from having harassment policies in place to disciplinary action, however, there’s one aspect of business which is becoming increasingly important when dealing with harassment in the workplace: company culture.
 
So, here are 4 ways in which organisations and HR professionals can promote and uphold a strong company culture that is open, fair, and fosters the necessary conditions to help prevent harassment in the workplace.  

1. Ensure Voices are Heard

Speaking out is often one of the hardest things to do for victims of harassment of any kind. Organisations simply must create a company culture where speaking out about problems or issues, no matter how big or small, is the norm. This relies on HR professionals ensuring that all employees are encouraged to speak their minds and are not afraid to express how they feel.
 
Importantly, what may seem like a small issue to one member of staff may not be for another. It is vital that HR departments realise this to ensure that harassment in all forms is being prevented. Giving employees both the confidence and the platform to talk about issues affecting them at work creates a company culture that promotes fairness and equality. When employees know they have a voice and are being listened to, it’s more likely for them to find the strength to come forward - in turn creating an invaluable company ethos and team spirit.

2. Clear the Grey Areas
 
When it comes to identifying and stopping workplace harassment it is very important that a company, as far as possible, sets out policies that are void of grey areas. This means generating a culture that is always open and crystal clear with what is, and is not, tolerated in the workplace. In turn, each and every employee must know the boundaries which cannot be crossed. One person’s joke may be another person’s insult – HR professionals must always keep this in mind and treat every issue of harassment with the seriousness it deserves. In a nutshell, the clearer an organisations policy is, the less likelihood of grey areas.

3. Keep Check on Positions of Power

Unfortunately, abuses of power are often the cause of workplace harassment. It is vitally important, therefore, that HR professionals make sure to treat all members of staff on a level playing field when it comes to dealing with issues of harassment. Remember, there is a vast array of different types of harassment, which may be hard to detect. For example, not giving someone a promotion due to their age, gender or race, is a form of harassment that HR professionals may not spot at first. So, it is astutely important to keep an eye on the inner goings on of the office, especially the power dynamics, to prevent all forms of harassment. Creating a company culture that bases its management system on respect and fairness throughout its ranks will go a long way to helping stop workplace harassment.
 
4. Promote Diversity
 
Last, but by no means least, harnessing a company culture that both promotes and champions diversity is key to preventing workplace harassment. As businesses diversify more and more, drawing in talent from all over the world has become an essential way for organisations to increase talent acquisition, productivity and profitability. After all, it is only through a diverse workforce that businesses can have a fair, well-measured opinion on the requirements of its customers. Of course, HR professionals need to be aware that a melting pot of cultures and opinions can lead to more workplace clashes and managing this is a crucial aspect of HR nowadays.

Clearly, company culture is not a silver bullet for dealing with workplace harassment. However, upholding a strong company culture that encourages employees to speak up and promotes diversity can go a long way when it comes to tackling workplace harassment. Businesses striving to create the most open, fair and value driven processes they can is no longer an option - it’s a necessity.
 
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It appears that bad bosses are EVERYWHERE. Indeed, a recent survey from Approved Index found that almost half (42%) of workers have left a job because of a bad boss. Reading this now, you may recall a nightmare experience of your own.

When you consider the countless number of reasons someone might be considered an awful boss, this shouldn’t come as too big a surprise. For a lot of people, a dislike of a boss might come down to something very personal, not reflecting their effectiveness in their role at all. Afterall you’re never going to please everyone.
However, there are some particular traits almost guaranteed to infuriate all your employees.
Here are five traits of horrible bosses:

#1. They’ve No Vision
While they might seem a million miles apart, the office environment and nature have a lot in common. I recently wrote a blog on the HR lessons we can learn from The Jungle Book. One of those lessons was about leadership.
Just like any wolf pack or pride of lions, employees look to their bosses for guidance and leadership. A good boss always has a clear vision of where she is leading her team – in line with the company’s mission - and how they’ll get there.

A clear vision gives purpose to the work your staff do and instils confidence in the direction the company is taking. A boss without a vision is likely to encounter resistance from his employees, which can quickly turn into apathy and then attrition.

#2. They’re Poor Communicators
Communication is key to any good relationship, and the relationship between boss and employee is no different. Managers who fail to communicate regularly and clearly with their employees are headed for trouble.
Worse than that, when they do decide to communicate with their workers, truly awful bosses tend to be negative and very seldom provide any sort of constructive criticism. This can be poisonous for productivity and staff morale. Such behaviour only knocks employees’ self-esteem and builds a sense of resentment for the work they do and the people they do it for. Moreover, it may lead to claims of bullying, which is very bad for business.

In contrast, good managers provide clear, unambiguous instructions to their teams, ensuring each member knows what part they play in any given project. When it comes to giving feedback, they do it in a positive and constructive manner. This isn’t to say that when someone needs to be reprimanded they’re not up to the job. It more so means that they know how to communicate with their workers in any given situation.

#3. They Blame Others
Following on from point #2, bad bosses tend to be quick to point the finger at others when things go wrong. Despite the fact that the issue most likely arose because of their inability to give clear direction, they see it as a problem caused by their subordinates.

As the boss, the buck really stops with you. As the leader of the team your duty is to do what is best for the team. When things go wrong you need to take it on the chin, identify what could have been better and learn from the mistake. That won’t happen if you keep using team members as scapegoats.

#4. They Steal the Limelight
The only thing worse than a boss who blames others when things go wrong is one who also takes all the credit when things go right. Again, you have a duty to the team and that duty involves acknowledging and rewarding the hard work your employees do. It costs nothing to share the glory but it can yield a huge amount of loyalty and respect from your staff.

 #5. Their Way or Nothing at all
Bosses are bosses for a reason. They have (or at least should have) worked hard to get to where they are, garnering the necessary experience and skills to fulfil their role. While the best bosses demonstrate strong leadership and vision, they also realise the importance of listening to and considering the suggestions of their team. They value the perspective of others and know it can be useful in making more informed decisions, that ultimately benefit the team and the business.

Conversely, horrible bosses tend to opt for the ‘my way or the highway’ approach. This tunnel vision isolates them from their team, preventing them from identifying errors in their judgement until it’s too late.

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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.