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Getting to grips with bullying
The issue of bullying has been thrust centre stage by allegations that prime minister Gordon Brown bullied staff. Neil Hudson finds out how big a problem it is for the rest of us.
Apparently, I'm a bully. I once complained – quite vociferously, I might add – to a member of a call centre about their service, or lack of.
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It was years ago and related to a so-called free internet package, which turned out not to be free and not to work. I even sent them a strongly-worded letter.
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Of course, the member of staff I spoke to wasn't personally responsible for the error, but that didn't stop me from "unleashing hell", as I later described my rant to family and friends.
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To my mind, I was making a genuine, heartfelt complaint. However, to the call centre member concerned, I was merely part of that faceless entity called 'the public' and my complaint, probably one of many, probably had a cumulative effect.
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Robin Chater, secretary general of the Federation of European Employers (FedEE), agrees and said rather than feeling bullied by their bosses, some workers feel bullied by the general public.
He said: "The biggest threat to companies at the moment is not from workers but customers. In the retail sector, it's a major problem.
"Call centres routinely record calls and in the beginning it used to be for training purposes but now it is because their staff suffer so much abuse.
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"The same issue also affects workers in the health sector, council workers and banking staff who have recently come under fire – ironically, not the highly-paid staff but those at the coal face, the tellers, who earn the least.
"Banking is an interesting example, because it's fallen out of favour with the public. Not very long ago, it used to be seen as a respectable profession but now it has lost all credibility, but it's not the movers and shakers who get it in the neck, it's the people on the other side of the counter, who interact with the public."
But employer bullying in the workplace also happens.
Mr Chater added: "Bullying affects one in 20 workers. That figure was taken from a survey in 2005 but not everyone is going to admit to it and there are subtle forms of bullying, such as innuendo, so it can be difficult to judge.
"The country most concerned about it in terms of legal framework is France, where a law on moral harassment has been passed, which basically covers any sort of pressure that creates distress in the workplace. It can lead to criminal charges being brought.
"In this country, certain employers will not hesitate to sack people for what they see as gross misconduct."
Brian Mulvey, Unison branch secretary for Leeds local government, who deals with Leeds City Council, said: "We've never done a proper survey on it but I would say about half the phone calls we receive from members are concerns about bullying.
"The word bullying is used for so many different things.
"It's a big issue. The workplace can be rough at times. It's not a holiday camp. You have to do as you are told. Sometimes, it's a case of getting people to put things into perspective. On other occasions, people do act well out of line.
"The council has clear guidelines about how it deals with bullying and it treats all such cases seriously, but some people do not complain about it.
"There is an issue surrounding bad management but it's sometimes hard to define when bad management starts. Most managers aren't bad and some are better than others.
"It's a fine line, because a good manager knows how to motivate his staff to get the job done without resorting to shouting and barking orders at people. There comes a point when a boundary is crossed and it's difficult to complain about your boss.
"The important thing to remember is that there are places people can go. They can contact their union in the first instance. Their employer will also have procedures for dealing with grievances."
He added: "I don't think this issue has been helped by the recent publicity. People want to know something constructive is going to be done but might now get the impression they will be abused by the people they are complaining about."
James Stephenson, head of employment law at Leeds-based Winston Solicitors LLP, said at least 50 per cent of the calls from employees he dealt with related to bullying in the workplace.
He said: "I think it's a massive issue and it forms the basis of a lot of claims for constructive dismissal. The cases we deal with range from verbal abuse to actual physical violence.
"What's allegedly happened at No.10 is interesting in that it reflects what happens in a lot of workplaces. The fact that it has allegedly happened at the heart of Government has pushed the issue into the public consciousness.
"If there is anything positive to come out of it, it's that it's got a lot of people talking about it."
A spokeswoman for Acas, the independent conciliation service, which tries to resolve employment disputes, said: "The Acas code of practice on discipline and grievance makes it clear that all instances of bullying and harassment should be investigated in a timely and proportionate manner by an employer. Government departments and offices will have their own policies to deal with inappropriate behaviour.
"Acas has a range of good practice guidance that can help all workplaces tackle instances of bullying in a confidential and effective way."
What to do if you feel you are being bullied...
Raise the issue with a manager, or senior manager – your company should also have rules for dealing with bullying.
Take out a formal grievance through your company, failing that contact a union official, or call Unison (see below).
There are legal avenues, such as constructive dismissal, but that involves you leaving the company and then taking out a claim – discuss this with an employment lawyer first.
Acas (Advisory, Conciliation and Arbitration Service), which tries to resolve workplace issues through discussion and mediation. Contact: 08457 47 47 47; website: www.acas.org.uk
Unison, Britain and Europe's biggest public sector union, with more than 1.3m members. Call 0845 355 0845.
How legislators are trying to address the problem...
In April 2007, employer organisations and unions in Europe signed up to an agreement to implement ways of tackling workplace bullying.
The measures were meant to be implemented within three years. Vladimir Špidla, Commissioner for Employment, Social Affairs and Equal Opportunities at the time, said: "Companies will need to set out procedures to follow when cases of harassment or violence arise.
Complaints should be investigated and dealt with quickly. The principles of dignity, confidentiality, impartiality and fair treatment need to be respected..."
Luxembourg implemented the policy in 2009 and it became law on January 16, 2010, placing an obligation on companies to establish clear policies on how bullying will be dealt with and to ensure victims and witnesses are not subject to retaliation.
France has also adopted the measures and it is thought likely European legislation will inevitably follow.
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