Warning: bullies at work

Published on Monday 22 February 2010 22:02

DO STAFF leave 10 Downing Street, collars askew, hair mussed and black of eye after a "robust policy discussion" with the Prime Minister? Of course not. But there are few who doubt that Gordon Brown has a volcanic temper and will, on occasion, administer what Alex Ferguson described as the "hairdryer" – a volley of demands that are akin to being blasted in the face with hot air. So, the question then becomes: is he an office bully?

• According to the latest statistics, men bullying women constitutes 28 per cent of cases – but female employees are more likely to be bullied by other women. Picture: TSPL

If the answer is yes, then the Prime Minister is not alone. Bullying in the workplace has doubled in the past decade, according to the Unison union, which reported that one-third of workers said they had been bullied in the past six months, at an annual cost to society of 13.75 billion. The current recession means this figure will only spiral as job insecurity, increased workloads and cost cuts result in the feelings of staff tumbling down the list of managers' priorities.

Yet despite the rise of human resource departments and health and safety lectures, whose function is to engender a veritable office Eden, the bullies are far from being backed out the door. In, fact they appear to have been promoted to the corner office in every profession. A recent NHS staff survey revealed bullying was endemic, with nearly one in four employees claiming to have been victimised at work. Two men were sacked from the Tower of London after bullying Moira Cameron, the first female yeoman warder in the tower's 1,000-year history. Even David Cameron's enlightened new Conservative Party has called on the services of staff adapt at turning the office thumbscrews: Andy Coulson, the party's head of communications, was editor of the News of the World during the time when Matt Driscoll, a sports reporter, endured a "consistent pattern of bullying behaviour", according to an employment tribunal that later awarded him almost 800,000.

But what exactly constitutes "office bullying"? While there is little debate over what constitutes a physical assault – you have either been struck or not – what, to one member of staff, may be a violent, abusive tirade by their manager could be shrugged off by another member of staff as a legitimate response to a pressured environment or a major error.

So where does the line lie? According to an analysis by Deborah Lee, of the University of Derby, "workplace bullying can be interpreted as a form of persistent, intimidating, insulting behaviour which makes the recipient feel threatened, undermining their self-confidence".

The methods of torment employed by the office bully will vary but could include any of the following: rudeness, criticism, excessive work monitoring, intimidation, exclusion and withholding crucial information. These six examples of bullying behaviour topped a list compiled by Charlotte Raynor, a professor of human resource management at the University of Portsmouth Business School, who carried out research into the problem for Unison. She found that 80 per cent of victims said the experience had affected their physical and mental health, and said: "Bullied employees suffer stress and anxiety, which will in turn lead to absence – at great cost to organisations. Workers don't want to speak up because they are afraid of being seen as oversensitive or labelled a troublemaker. They are also fearful of losing their jobs and struggling to find another in the gloomy economic climate."

The victim's fear of being seen as oversensitive can often be used against them in the event of the case going before an employment tribunal. Samantha Mangwana, a solicitor at law firm Russell Jones & Walker, said: "We are getting a very high level of cases. Most people who come to us with a problem at work talk about bullying. It frequently arises in people's line-manager relationship. We see some cases of bullying in discrimination where the employer invokes what we colloquially call the 'bastard defence'. Their defence is that they were a bastard to everyone, so it's not discriminatory."

According to academics, bullying is usually associated with power. While it can exist between staff who are on an equal footing, it is most commonly found in cases where one individual can exercise a degree of control over what a colleague does or does not do. For example, while abusive language among staff who are in the same position can be accepted as part of robust office life, it becomes bullying when a manager uses it to a member of staff who would be fearful for his future career prospects if he replied in the same manner.

So who are these "bullying bastards"? Well, statistically speaking, they are more likely to be men (60 per cent) and, while the most common form of bullying is man-on-man (32 per cent), the next most common is woman-on-woman (29 per cent). Men bullying women constitutes 28 per cent of cases, while only 11 per cent of cases involve a woman bullying a man. The bullying practices can differ between the sexes, with men more likely to throw their weight about, shouting and bawling and so on, without being fully aware of the consequences, while female bullies may be more subtle.

Julie Morris, a lawyer with Russell, Jones & Walker said recently: "I have seen circumstances when there is a woman who has sorted out her own childcare arrangements in a way that suits her (without] necessarily being understanding about another woman. For instance, 'I have a nanny, why can't you do the same?' or 'I took six months' maternity leave, why do you think you need a year?'"

And who are their victims? According to the TUC, workers in the public sector are more likely to be bullied than those in private firms, the most likely bullying victim is a man aged between 45 and 54, while those who earned less than 20,000 were much less likely to be victims than those who earned up to 60,000.

The tragic irony is the victim eventually sees him or herself as a failure, their confidence eroded by incessant criticism, when the reality is that it is the bully who has failed as a leader. New Scientist magazine has published an article that argued that bosses become aggressive when they feel empowered by a new post – but inadequate to the task. Could this describe the position Gordon Brown found himself in, finally achieving his goal of becoming PM but lashing out verbally at the problems that beset him?

So what can be done about these office bullies? Well, Unison would like to see specific anti-bullying legislation. Dave Prentis, the union's general secretary, said: "The fact that bullying has doubled in the past decade is shocking. Workers have the right to earn a decent living in a safe environment. We will continue to campaign for specific legislation, which will outlaw workplace bullying, and ensure employers develop anti-bullying policies and aid bullied workers through employment tribunals.

The government, meanwhile, said it was working to tackle the problem of office bullying. Lord Young, the employment relations minister, said: "Workplace harassment and violence is unacceptable and the government is committed to addressing these problems." Apparently, everyone was too frightened to tell Gordon.

COMMENTARY

&#149 REPORTS of workplace bullying have doubled in the past ten years, and the recession has put extra pressure on managers and bosses to get results, meaning they may act in a way that is out of character, writes Brian Rogers.

It can be hard to know where the line is drawn between having an assertive boss that is under pressure and one that is a bully. If your boss humiliates and offends you, or makes a personal attack on you using personal traits, then it is likely they are bullying you. Bullying can be physical or verbal.

If you feel you are being bullied at work, your organisation has a duty of care towards you, and the law is on your side. If the treatment takes the form of race, sex or disability discrimination, you could bring a claim to an employment tribunal against your employer, your boss or both. If you are forced to resign due to bullying, you could make a constructive dismissal claim.

Despite the fact that they run the risk of huge compensation claims, we come across businesses every day that are falling foul of the law.

If you are being bullied, keep a diary of dates, times, places and details of incidents, including the names of any witnesses. This will serve as evidence in a complaint.

&#149 Brian Rogers is head of compliance at law firm Lewis Hymanson Small.

BULLYING: WHAT YOU NEED TO KNOW

Q WHAT CONSTITUTES BULLYING IN THE WORKPLACE?

A Bullying can mean offensive, intimidating, malicious or insulting behaviour, according to the Advisory, Conciliation and Arbitration Service (Acas).

It can also be an abuse or misuse of power through means intended to undermine, humiliate, denigrate, or injure the recipient.

Acas says bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority, such as a manager or supervisor), or involve groups of people. Bullying may be obvious or it may be insidious.

Q WHAT SORT OF BEHAVIOUR CAN THAT INCLUDE?

A Spreading malicious rumours, insulting someone by word or behaviour, copying memos that are critical about someone to others, ridiculing or demeaning someone, setting them up to fail and overbearing supervision may all constitute bullying, says Acas.

Behaviour classed as bullying may also include making threats or comments about job security without foundation, deliberately undermining a competent worker by overloading and constant criticism, or preventing individuals progressing by intentionally blocking promotion or training opportunities. Acas stresses that bullying does not have to be face to face – it can occur in written communications, by e-mail, by phone, or even in behaviour such as automatically recording a worker's downtime if it does not apply to all workers.

Q WHAT EFFECT CAN BULLYING HAVE ON THE VICTIMS?

A They may feel anxious, humiliated, angry and frustrated at being unable to cope. Some may try to retaliate, others become frightened and demotivated, according to Acas. The stress and loss of self-confidence can lead to illness, absence from work and even resignation.

Q WHAT SHOULD YOU DO IF YOU THINK YOU ARE A VICTIM OF BULLYING?

A Acas advises anyone who is not sure whether their treatment is acceptable to consider if there has been a change of management or organisational style to which they need time to adjust.

It suggests talking over any worries with the personnel manager, line manager, union representative or colleagues and consulting the organisation's guide on expected standards of behaviour. Acas also suggests considering changes to your workload or ways of working that will make it easier.

Acas has a helpline on 08457 474747.

Q WHAT CAN I DO IF MY EMPLOYER DOES NOTHING TO STOP THE BULLYING?

A Employers are responsible for preventing bullying in the workplace and an organisational statement to all staff about the standards of behaviour expected can make everyone aware of their responsibilities to others. Employers have a duty of care to their employees, and if that trust is broken, an employee can resign and claim constructive dismissal on the grounds of breach of contract if they have worked there for at least 12 months.

Acas says employers must protect an employee's health and safety at work, and the Health and Safety Executive says employers must take steps to make sure employees "do not suffer stress-related illness as a result of work". Acas says that, while it is not possible to make a direct complaint to an employment tribunal about bullying, it may be possible to bring a complaint under laws covering discrimination and harassment on the grounds of sex, race, ethnic or national origin, disability, sexual orientation, religion or belief and age.