Approximately 74% of adults in the UK are employed. Whilst the nature of employment will vary, and following the 2019 Covid pandemic, more people are now hybrid workers. Research conducted by CIPD suggest that conflict is very much a part of organisational life, and a common occurrence at work according to a significant proportion of both employees (26%) and employers (20%).
Statistically, 35% of employees experienced some form of interpersonal conflict, either an isolated incident or as part of an ongoing problematic relationship.
In 2016 the Trade Union Congress (TUC) published their research which suggested that that 29% of UK employees have been the victims of workplace bullying/harassment (1). More recent research published by CIPD suggests that 15% of employees in the UK experienced bullying of some kind, with 8% reporting harassment and 4% sexual harassment (2). The implication from these statistics is that the levels of workplace bullying and harassment is largely unchanged.
Despite these figures, 67% of incidents of anti-social or threatening behaviour in the workplace remain unreported. According to an article published by Agency Central, Does the UK Have a Bullying Problem (3) this is because 91% of workers believe that workplace harassment and bullying isn’t dealt with appropriately.
While many if not most organisations have a policy to counter such behaviour at work, how many employees read them or could repeat any part of them? Let’s face it, many see them as no more than tick-box exercises.
Unwanted behaviour in the workplace can be loosely categorised into 3 separate issues, workplace bullying, workplace harassment and workplace stalking.
In the UK, harassment based on age, disability, race, religion or belief, sex, and sexual orientation is unlawful under the Equality Act 2010. It’s important to recognise only harassment linked to a protected characteristic is covered by the Act.
What is often overlooked is that harassment and stalking are criminal offences under sections 2, 2A, 4 and 4A of the Protection from Harassment Act 1997 (PHA 1997) and section 42A (1) Criminal Justice and Police Act 2001. Section 32 Crime and Disorder Act 1998 creates racially or religiously aggravated versions of the PHA 1997 offences. (4)
Whilst there is no specific legislation that makes bullying an offence, depending on the circumstances it may be covered by other legal principles and laws.
What is bullying?
Bullying has been described by ACAS (the Advisory, Conciliation and Arbitration Service) as ‘offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient’ (5)
What are examples of workplace bullying?
- constantly criticising someone’s work
- spreading malicious rumours about someone
- constantly putting someone down in meetings
- deliberately giving someone a heavier workload than everyone else
- excluding someone from team social events
- putting humiliating, offensive or threatening comments or photos on social media
What is harassment?
Harassment is easier to describe as it is defined in law.
Under the (Equality Act 2010) there are 3 types of harassment:
- harassment related to certain ‘protected characteristics’
- sexual harassment
- less favourable treatment because of harassment
The unwanted behaviour must have either:
- violated the person’s dignity
- created an intimidating, hostile, degrading, humiliating or offensive environment for the person
The criminal offence of harassment is slightly different.
The Protection from Harassment Act 1997 indicates that someone’s actions amount to harassment when they make the victim feel distressed, humiliated, threatened or fearful of further violence.
The key element of criminal harassment is that there must evidence of what is termed a ‘course of conduct’. This means that the unwanted behaviour must have occurred on two or more occasions.
The main goal of harassment is to persuade victims either not to do something that they are entitled or required to do or to do something that they are not obliged to do. In simple terms it is conduct which causes the targeted person to change their behaviour.
Actions listed under the Protection from Harassment Act include, but are not limited to:
- phone calls
- letters
- emails
- visits
- stalking
- verbal abuse of any kind, including on social media
- threats
- damage to property
- bodily harm
What are examples of harassment in the workplace?
- spreading malicious rumours
- unfair treatment
- picking on or regularly undermining someone
- denying someone’s training or promotion opportunities
What is sexual harassment at work?
Sexual harassment in the workplace should never be tolerated. Sexual harassment is unwanted behaviour of a sexual nature. It is critical to be aware that some acts of sexual harassment may be criminal offences.
As of October 2024, employers will need to comply with a legal duty to take ‘reasonable steps’ aiming to prevent sexual harassment of employees. (6)
This follows the passing of the Worker Protection (Amendment of Equality Act 2010) Act 2023.
Under the Act, employment tribunals will have the power to increase compensation by up to 25% if it finds that an employer has breached this duty. Too many companies are woefully ill-prepared for the changes coming down the line – and may be ill-prepared to deal with workplace sexual harassment.
What are examples of sexual harassment in the workplace?
- flirting, gesturing or making sexual remarks about someone’s body, clothing or appearance
- asking questions about someone’s sex life
- telling sexually offensive jokes, making sexual comments or jokes about someone’s sexual orientation or gender reassignment
- displaying or sharing pornographic or sexual images, or other sexual content
- touching someone against their will, for example, hugging them
- sexual assault or rape
What is stalking behaviour?
The problem with this is that stalking has never been defined, and consistently refers to harassment, which can cause confusion. A good definition of stalking is ‘a pattern of fixated and obsessive behaviour which is repeated, persistent, intrusive and causes fear of violence or engenders alarm and distress in the victim.’
In simple terms, stalking is following a person, watching or spying on them or forcing contact with the victim through any means, including social media.
The effect of this behaviour is to cause a change in behaviour on the part of the person being stalked, because they feel they are being watched – think of how you’d understand an animal stalking its prey and that goes some way to understand the behaviours.
The pneumonic FOUR is a good way to remember what stalking behaviour is:
F = fixated
O = obsessive
U – unwanted
R = repetitive
The sort of behaviours that may be seen include.
- unwanted or malicious communication
- assault
- unwanted attention from somebody seeking a romantic relationship
- violent predatory behaviour
- sending gifts which are unwanted
- persistently following someone
- repeatedly going uninvited to their home
- monitoring someone’s use of the internet, email or other form of electronic communication
- loitering somewhere frequented by the person
- interfering with or damaging their property
- watching or spying on someone
- identity theft
Risk factors that are specific to the relationship between the stalker and victim should be key elements of any stalking assessment, include.
- previous violence towards the victim(s) (during the stalking episode or before)
- threats or fantasies of harming them
- delusional beliefs incorporating the victim
- damage to the victim’s property
- behaviours that put them in close proximity to the victim
- beaching of any injunctions, orders or instructions
- evidence that the stalker has indicated they can’t live without the person they are targeting
What are the 5 Types of stalkers?
‘Study of Stalkers‘ (1999) Mullen, Pathe, Purcell and Stuart identified there to be 5 types of stalkers, each driven by a differing motivation.(7)
- the Rejected Stalker commences stalking after the breakdown of an important relationship that was usually, but not always, sexually intimate in nature. In this group the stalking reflects a desire for reconciliation, revenge, or a fluctuating mixture of both; This is common among domestic relationships and has resulted in a number of well publicised murders.
- the Intimacy Seeker desires a relationship with someone who has engaged his or her affection and who, he or she is convinced, already does, or will, reciprocate that love despite obvious evidence to the contrary; this is common among celebrities and are usually strangers to the stalker who believes they know and love.
- the Incompetent Suitor also engages in stalking to establish a relationship. However, unlike the Intimacy Seeker, he or she is simply seeking a date or a sexual encounter; Their behaviour is driven by loneliness or lust and targets strangers or acquaintances.
- the Resentful Stalker sets out to frighten and distress the victim to exact revenge for an actual or supposed injury. Resentful are differentiated from Rejected Stalkers in that the cause of their resentment does not lie in rejection from an intimate relationship. They feel as though they have been mistreated or that they are the victim of some form of injustice or humiliation.
- the Predatory Stalker engages in pursuit behaviour in order to obtain sexual gratification. Stalking is foreplay; the real goal is sexual assault. The stalking may have a sadistic quality to it. For example, some predatory stalkers mess with their victim’s minds by leaving subtle clues that they are being followed without revealing their identity.
What is the difference between harassment and stalking?
The key difference between the two behaviours is that stalkers have an obsession and are fixated on either the person or a cause or ideology and their unwanted behaviours can be excessively repeated and aggressive in its nature.
It is also critical to understand that stalking can be extremely dangerous and has resulted in several murders. Stalking in the workplace is a serious matter, and should be dealt with appropriately by an employer.
Is an employee responsible for unwanted behaviours?
An employer will only be vicariously liable for workplace harassment committed by an employee during his or her employment where that harassment is carried out by an individual whose course of conduct is of appropriate gravity. The law provides that an employer may be liable for such harassment, whether or not the employer sanctioned the harassment or even had knowledge of it.
However, if the employer can evidence that they took reasonable steps to prevent the unwanted behaviours, they may have a defence.
What are HR’s responsibility in case of workplace harassment?
HR professionals play a critical role in effectively addressing workplace harassment. In the unfortunate event that harassment occurs, key responsibilities include listening to the involved employees, mediating the situation, and ensuring a fair hearing for both sides.
Documentation of all incident details is crucial for proper investigation and decision-making.
Gathering additional evidence, such as statements from colleagues and witnesses, is essential to ensure a fair trial.
HR also plays a vital role in spearheading necessary legal action, especially in severe cases like sexual harassment.
Preventing and addressing workplace harassment remains a significant responsibility for HR professionals.
Establishing a culture of respect from the onboarding process is essential to maintaining a healthy work environment.
How should a workplace harassment investigation be conducted?
Every workplace harassment investigation must be conducted professionally, with an open mind and with fairness.
On occasion, organisations will be subject to criticism if they fail to treat all parties fairly, and this becomes problematic when an organisation seeks to protect their reputation at the costs of their employees.
Another factor that must be considered is bias. We all have bias and investigators must be mindful of their own bias. That bias may be because of previous knowledge or interact ions with either party involved, or because of their own experiences. (8)
It is for this reason that an independent investigator is often a good option. (9)
A workplace harassment investigation should include.
- a review of the organisations policies
- a review of both party’s training records
- a review of any performance reviews
- a review of any evidence, such as CCTV, emails, other communication.
- interviews with both parties, and all witnesses
- a multi-disciplinary discussion including HR, legal, workforce association/union, security and other interested parties.
- An awareness of both the employment and criminal legislation
For further details of any of the issues discussed in this article please contact us at [email protected]
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- One in eight people experience violence at work, says TUC | TUC [Internet]. [cited 2024 Aug 7]. Available from: https://www.tuc.org.uk/news/one-eight-people-experience-violence-work-says-tuc
- Bullying and harassment | CIPD Viewpoint | CIPD [Internet]. [cited 2024 Aug 7]. Available from: https://www.cipd.org/uk/views-and-insights/cipd-viewpoint/bullying-harassment/
- Does the UK have a workplace bullying problem? [Internet]. [cited 2024 Aug 7]. Available from: https://www.agencycentral.co.uk/articles/does-the-uk-have-a-workplace-bullying-problem/
- Stalking or Harassment | The Crown Prosecution Service [Internet]. [cited 2024 Aug 7]. Available from: https://www.cps.gov.uk/legal-guidance/stalking-or-harassment
- What bullying is – Bullying at work – Acas [Internet]. [cited 2024 Aug 7]. Available from: https://www.acas.org.uk/bullying-at-work
- Prepare for the Worker Protection Act | Defuse Global [Internet]. [cited 2024 Aug 7]. Available from: https://www.defuseglobal.com/prepare-for-worker-protection-act/
- Mullen PE PMPRSGW. Study of stalkers. Am J Psychiatry. 1999 Aug;156(8):1244–9.
- Wallace WA. The Effect of Confirmation Bias on Criminal Investigative Decision Making [Internet]. Available from: https://scholarworks.waldenu.edu/dissertations
- Gupta A. The Benefits of Independent Workplace Investigations.
