Firm Management or Bullying: what s the difference?

Transcription

1 Firm Management or Bullying: what s the difference? Jane Coward 14 March 2012 What is bullying? Offensive, intimidating, malicious or insulting behaviour An abuse or misuse of power Intended to undermine, humiliate, denigrate or injure the recipient From the Acas guide for managers: Bullying & Harassment at Work 1

2 What is harassment? Unwanted conduct affecting the dignity of individuals in the workplace. Can be related to a particular characteristic of the individual, for example: sex, race, disability, sexual orientation, religion or age Can be a one off or a series of incidents Can be intentional or unintentional The perception of the victim will be important. Examples of Bullying Shouting Ignoring or excluding people Sudden aggression Persistent criticism Sarcasm Personal insults 2

3 Examples of harassment? Mockery, inappropriate banter and jokes Use of explicit and provocative language Unwanted comments on dress/physical appearance Unwelcome touching or contact Pin-ups and other displays of material Negative comments about an individual s background or physical characteristics. The legal background (i) Sex Discrimination Act 1975 Race Relations Act 1976 Disability Discrimination Act 1995 Employment Act 2002 Sexual Orientation, Religion or Belief Equal Pay Act 1970 Age Discrimination 2006 Now all included in The Equality Act

4 The legal background (ii) Unfair dismissal Health and Safety Criminal law on harassment Research: Descriptions and definitions of bullying usually mention the following: -negative and aggressive behaviour -the behaviour is repeated -the behaviour usually occurs in a relationship where there is an in-balance of power 4

5 Does bullying fall into different types? For example: Predatory : straightforward. The victim does nothing to provoke the behaviour. Victim may belong to outgroup. Often tolerated or even encouraged by the organisation Transactional : related to a dispute about something. Those involved attack/defend. This can involve allegations of bullying which may be deeply felt and very real, or they may be a tactic Case study: Claimant B feels bullied. Presenting issues are: She is required to change her working arrangements as there is insufficient cover on Wednesdays Then she objects to the following: Providing cover for higher graded role of colleagues when they are on leave. No extra pay Asks for review of job description: this was done but she said more work was added (no extra pay) IT: some rights removed (employer: best practice, reviewed and changed for everyone) She then: Raises a grievance about colleagues sexist remarks and behaviour, upheld in part Raises a grievance about meetings being held when she s not there because she is part time: not upheld Resigns and presents claim 5

6 For discussion: Does someone have to intend to bully or harass? Just because someone says they are being bullied, are they? What is the difference between firm management and bullying? Are managers allowed to be honest and direct particularly in relation to the management of performance? What happens when things go wrong? How to prevent problems: Motivation and good morale and are essential when you manage change especially when that change is perceived as detrimental. Consider how to build good team spirit Think about how you/your managers give difficult news and conduct challenging conversations - particularly about performance. What support do you give to managers? Awareness of team members different personalities and emotional needs is key. People are different and will need individual responses Remember that once a downward spiral starts then everything is likely to be perceived as negative and intended even though it is innocent! Work to get things back on track 6

7 What are the pitfall areas? Management of performance: use process if you have it, encourage managers to use appropriate language Management of change: build morale and good team spirit, communicate, explain reasons Relationships within the team: use mediation skills, communicate company policy and standards on respectful behaviour, nip issues in the bud When things go wrong How does an issue present itself? Is it -Something you have noticed yourself as a manager - Something that comes up in conversation with a team member, but not in relation to them - Something a team member mentions but doesn t want any action taken - A formal written grievance about another team member placed on your desk - HR contacts you to say there is a grievance: about you! 7

8 Formal/informal? When should an issue be dealt with informally? How? How should an issue be dealt with formally?-remember to use process. Investigation will be key. Whether formal or informal, professionalism, fairness and even handedness by the organisation are crucial to an outcome that will (if necessary) stand the employment tribunal test. What does a respectful workplace look like? Within a respectful workplace, behaviour has boundaries. This is about: Language being reasonably courteous and polite Individuals are treated with fairness Difference and diversity is respected If there is disagreement, there is the means to deal with it while maintaining everyone s self esteem and overall there are high standards of behaviour between individuals and groups. 8

9 Promoting respect at work: what can managers do? Set an example and take care about how you express yourself. Jokes and banter are fun, but are you taking things too far? Other language tips: be courteous and professional As manager it is your job to set boundaries for behaviour. Don t be afraid to challenge inappropriate behaviour in your work team Firm Management Is constructive not destructive Criticises the mistake not the person Is carried out in private not in public Is planned not spur of the moment Is consistent not variable Results in knowledge not humiliation Results in improvement not feeling threatened Cares about the individual, does not ignore personal feelings 9

10 How Acas can help publications mediation workplace training helpline training sessions Acas contact information Acas helpline Acas website * Business link businesslink.gov.uk/employingpeople Directgov directgov.co.uk 10

11 E-Learning courses Information and consultation Discipline and grievance at work Sexual Orientation Managing absence Contracts and written statements Bullying and harassment Age Discrimination Working parents Handling redundancies Religion & Belief Next Steps 11