Employment Law SOS: Dealing with bullying in the workplace

1 min read

<b>When does 'banter' become bullying? An operator says his team leader is bullying him, but other team members reckon it's harmless. Should we still conduct a formal investigation?</b>

It is important to bear in mind that what is accepted as 'banter' by one employee may be seen as bullying by another. This is an important consideration because an employment tribunal will look at the victim's perception of the issue and not at what the person inflicting the particular behaviour thinks. It is therefore essential that employers have a bullying and harassment policy as well as a grievance policy in the company handbook, and that all employees are made aware of this. The operator who feels he is being bullied should also have the opportunity of raising a grievance and all staff should be made fully aware that the company does not tolerate bullying at any level. It is clear in the question above that the operator has been affected enough to tell someone that he considers he is being bullied by his team leader. With this in mind, the complaint should be fully investigated so that the company is in possession of all the facts and can see the whole picture. It may turn out to be a misunderstanding between employees and could then, of course, be settled amicably – but without the full facts, it is impossible to come to any conclusion.