# I own a retail business: How to deal with bullying complaint?



## sesame (1 Nov 2008)

I own a retail business. 

Over the past two years five members of staff have made allegations of bullying against the same member of staff. 

The alleged bully has been with the company for over 30 years. 

We have a bullying code of practice in place but none of the staff members have wanted to go through the process as they all want to remain anonymous. 

I understand their feelings as they are afraid that things will be worse for them if their name is revealed. I have told all of them to keep diaries etc. and that I will support them through the process but they have always backed down. 

What can I do? I can't confront the staff member with anonymous allegations and am concerned that it could be construed as constructive dismissal but I also don't want to be seen to do nothing. 

I know that the bullying is taking place but it is done in a very devious way so there is never anything that I can reprimand her for. It is a culmination of comments, exclusion, gossiping that each event on its own is irrelevant but combined makes life very difficult for the victims. 

These are good staff members that I don't want to lose but feel powerless to act.


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## Complainer (1 Nov 2008)

*Re: How to deal with bullying complaint*

You have to act, to protect yourself, the complainants and the alleged bully. Some useful information on the HSA site [broken link removed]

IMO, you have to give a hard message to the complainants that you cannot act unless they go through the formal procedure, and you cannot guarantee to protect their anonymity through this procedure. I found some interesting points mentioned re anonymity with a bit of Googling;

From http://www.alexandracollege.ie/policy_docs/dignity_in_the_workplace.pdf


> Issues to which these procedures do not apply
> • Complaints of bullying / harassment made by staff against students.
> Such complaints will be treated in accordance with “Anti-bullying Policy
> of Alexandra College, Section C” (Still to be agreed).
> ...



From [broken link removed]


> Confidentiality will be maintained throughout the investigation to the greatest
> extent consistent with the requirements of a fair investigation. *It is not
> possible however to guarantee the anonymity of the complainant *or any
> person who participates in the investigation.


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## SlurrySlump (1 Nov 2008)

Do you think that the person is a bully or is the alleged bully dealing with sub ordinates who have ganged up on her because she is implementing the company's rules and regulations.


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## Diziet (1 Nov 2008)

Well the idea is that if you are aware that bullying takes place, you want it to stop. You don't necessarily want to deal with a full formal complaint - by that stage, everyone is aggravated. 

You can keep an eye out for the offending behaviour, take the person aside, say that her behaviour is creating problems, that you have witnessed it and that you want it to stop. One she knows that it is in the open, things will most likely improve. Bullying thrives in secrecy.


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## Complainer (1 Nov 2008)

SlurrySlump said:


> Do you think that the person is a bully or is the alleged bully dealing with sub ordinates who have ganged up on her because she is implementing the company's rules and regulations.


I don't think it is in the OP's interest to be rushing to judgement at this stage, particularly as it appears that only one side of the story has been aired. I don't disagree with the implication in your question that sometime, normal performance management is resisted via claims of bullying.

The OP needs to get the complainants to go on the record. If not, the only thing he can do is give general reminders about the anti-bullying policy and acceptable behaviours, but these general communications will often miss the intended target.


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## bacchus (2 Nov 2008)

At the next staff meeting, could you go through the company bullying  code of practice  to refresh minds and reinforce the company position regarding such incl. implication of infringing the code?


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## Purple (2 Nov 2008)

Sesame, first of all you have my sympathies; you are in a very difficult situation.
My advice is to arm yourself with as much information as you can so that you do not say or do anything that puts you in a difficult position (read the links that Complainer gave) and then take the bullying manager into a private meeting and tell her in a calm but forceful manner that her actions are damaging your business and she must change the way in which she interacts with other employees. Do not use words like “I feel”; keep it detached and almost legalistic and steer the conversation away from discussion of emotion. You cannot be seen to be arguing the case for those who have made the accusations or the bully might be the one taking the case for unfair dismissal.


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## Mers1 (3 Nov 2008)

I hope that this helps, it should give you a platform to start from at least.  Best of Luck, bullying is one thing I totally despise.
	
	



```
[B][COLOR=#004ea3][FONT=serif][B]Code of Practice on the Prevention of Workplace Bullying [/B][/FONT][/COLOR][/B]

[B][COLOR=#004ea3][FONT=serif][B]FOREWORD [/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]The National Authority for Occupational Safety and Health (by virtue of Section 30 of the Safety, Health and Welfare at Work Act, 1989, following consultation with the statutory Advisory Committee for the Prevention of Workplace Bullying, with the consent of Mr Tom Kitt, TD, Minister of State at the Department of Enterprise, Trade and Employment, given on 5th February, 2002) has issued a Code of Practice entitled “[/FONT][/COLOR][COLOR=#211d1e][FONT=serif][B]Code of Practice on the Prevention of Workplace Bullying” [/B][/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]The Code of Practice provides guidance for persons who have specific duties in relation to the employment of personnel in any capacity in relation to the observance of their duties under Sections 6, 9 and 12 of the Safety, Health and Welfare at Work Act, 1989, Regulations 5, 10, 11, 13 and the First Schedule of the Safety Health and Welfare at Work (General Application) Regulations, 1993. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]The Code of Practice comes into effect on 1st March 2002. [/FONT][/COLOR]
[B][COLOR=#211d1e][FONT=serif][B][I]Notice of the issue of this Code of Practice was published in the Iris Oifigiúil of 15th February, 2002. [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]As regards the use of Codes of Practice in criminal proceedings, section 31 of the Safety, health and Welfare at Work Act, 1989, provides as follows: [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]31 – (1) A failure on the part of any person to observe any provision of the Code of Practice shall not of itself render him liable to any civil or criminal proceedings; but where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention of any requirement or prohibition imposed by or under any of the relevant statutory provisions being a provision for which there was a code of practice at the time of the alleged contravention, subsection (2) shall have effect with the respect to that code in relation to those proceedings. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif](2)[/FONT][/COLOR][COLOR=#211d1e][FONT=serif] Any provision of the code of practice which appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened shall be admissible in evidence; and if it is proved that any act or omission of the defendant alleged to constitute the contravention is a failure to observe such provision of the code, or if it is proved that any act or omission of the defendant is a compliance with such provision of the code, then such failure or compliance shall be admissible in evidence. [/FONT][/COLOR]


[B][COLOR=#004ea3][FONT=serif][B]INTRODUCTION [/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]The aim of this Code of Practice is to provide practical guidance to help identify instances of bullying in the workplace. It also seeks to advise on how to put in place preventative measures to stop bullying from occurring and how to deal with cases when they arise. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]Bullying in the workplace constitutes a real threat to the safety, health and welfare of people in the workplace. As it can arise in any situation where people are working together, it is recommended that an effective Bullying Prevention Policy be implemented as a precautionary measure and deterrent in each workplace. The key objective of such a policy is to communicate clearly, so as to avoid any doubt, that instances of bullying will not be tolerated and that precautionary measures are in place both to prevent the occurrence of bullying and to deal appropriately with any cases that might arise. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]Bullying can be perpetrated by a person in a position of authority or by a work colleague against a person at any level in the workplace and it can be carried out by an individual or by a group. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]Bullying can also be perpetrated against an employee by the client, contractor, customer or other business contact of the employer. This Code of Practice should equally be applied, as far as reasonably practicable, if the circumstances of the bullying are such that the employer ought reasonably to have taken steps to prevent it. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]The Bullying Prevention Policy should be brought to the attention of all employees as well as to the attention of regular clients, contractors or other business contacts of the employer, with whom the employees will interface. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]Enterprises may also find it appropriate to inform customers of the existence of a Bullying Prevention Policy in the enterprise. [/FONT][/COLOR]
[B][COLOR=#004ea3][FONT=serif][B][I]Definition [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif][B]Workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying. [/B][/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif](As defined in the Report of the Task Force on the Prevention of Workplace Bullying – published by the Stationery Office, March 2001) [/FONT][/COLOR]


[B][COLOR=#004ea3][FONT=serif][B]SCOPE OF CODE OF PRACTIC[/B][/FONT][/COLOR][COLOR=#004ea3][FONT=serif][B]E [/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]Bullying occurs in many guises and reveals itself through obvious and direct methods as well as in less direct and subtle forms. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]This Code of Practice applies to all employments in Ireland whether employees work from home or a designated work station. It gives practical advice and guidance on how to reduce the risk of bullying in the workplace, as well as on how to create efficient and effective procedures for dealing with complaints. It: [/FONT][/COLOR]
[LIST]
[*][COLOR=#211d1e][FONT=serif]Outlines some of the more common behaviours which can be associated with bullying; [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]Identifies situations where bullying commonly occurs; [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]Describes the practical steps that you can take to prevent bullying developing; [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]Describes the issues to be addressed in a good anti-bullying policy. [/FONT][/COLOR]
[/LIST][COLOR=#211d1e][FONT=serif]Following this advice will help employers and employees to comply with the general duties in the Safety, Health and Welfare at Work Act, 1989 and the Safety, Health and Welfare at Work (General Application) Regulations, 1993 and 2001. [/FONT][/COLOR]
[LIST]<LI style="MARGIN-BOTTOM: 20px">[COLOR=#211d1e][FONT=serif]Section 6 of the 1989 Act refers to the employer’s responsibility to ensure, as far as is reasonably practicable, that the working environment is free from danger to the health, safety and welfare of the employee. [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]In Section 9, the duties are conferred on employees to protect their own health, safety and welfare and that of their co-workers or those who might be affected by another’s actions, or omissions, while at work. [/FONT][/COLOR]
[/LIST][COLOR=#211d1e][FONT=serif]Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work, as transposed by the General Application Regulations, 1993, (see paragraph (g) of the First Schedule to the Regulations at Extract 3 in the Appendix attached) provides that employers should develop:-[/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]‘a coherent overall prevention policy which covers technology, organisation of work, [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]working conditions, social relationships and the influence of factors related to the [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]working environment’ [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]To comply with Section 12 of the 1989 Act, employers must prepare a Safety Statement, based on an identification of the hazards and an assessment of the risks to safety and health at the place of work to which the Statement relates. Accordingly, in preparing a Safety Statement, an identification of hazards and a risk assessment must be carried out in relation to the existence of workplace bullying. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]Extracts from the legislation referred to are set out at the Appendix to the Code of Practice. [/FONT][/COLOR]

[B][COLOR=#004ea3][FONT=serif][B]BASIC FRAMEWORK FOR DEALING WITH BULLYING AS A HEALTH AND SAFETY ISSUE [/B][/FONT][/COLOR][/B]

[B][COLOR=#004ea3][FONT=serif][B][I]Identifying the Hazard [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]This Code of Practice deals with the specific hazard of bullying. Bullying manifests itself as various types of behaviour, including behaviour which may:-[/FONT][/COLOR]
[LIST]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Humiliate; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Intimidate; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Verbally abuse; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Victimise; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Exclude and isolate; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Intrude through pestering, spying or stalking; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Give repeated unreasonable assignments to duties which are obviously unfavourable to one individual; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Give repeated impossible deadlines or impossible tasks; [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]Imply threats. [/FONT][/COLOR]
[/LIST][COLOR=#211d1e][FONT=serif]The above list is representative only, not exhaustive, and should be used as guidance. These are types of inappropriate behaviour that undermine an individual’s right to dignity at work and can constitute bullying. [/FONT][/COLOR]

[B][COLOR=#004ea3][FONT=serif][B][I]Assessing the Risk [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]When does inappropriate behaviour as indicated above point to a risk of bullying? [/FONT][/COLOR]
[COLOR=#004ea3]☛ [/COLOR][COLOR=#211d1e][FONT=serif]When it is repeated and targeted at one person or a group, as outlined in the definition on page 2 above. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]When doing a risk assessment there are many circumstances which are shown to be associated with a higher risk of being bullied, such as:-[/FONT][/COLOR]
[LIST]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Employment tenure [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Size of Employment/Enterprise [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Organisational Change in the Workplace [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Management of Relationships in the Workplace [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Gender or Age Imbalance [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]Public Interface [/FONT][/COLOR]
[/LIST][COLOR=#211d1e][FONT=serif]A risk assessment is a written assessment of the presence in the workplace of specified behaviours and circumstances that can result in bullying. Many factors have been recognised as being associated with [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]bullying and should be kept in mind for consideration when doing the risk assessment. These include: [/FONT][/COLOR]
[LIST]<LI style="MARGIN-BOTTOM: 28px">[COLOR=#211d1e][FONT=serif][I]Employment Tenure [/I][/FONT][/COLOR][COLOR=#211d1e][FONT=serif][B]– [/B][/FONT][/COLOR][COLOR=#211d1e][FONT=serif]A bully may regard new, casual and temporary/contract staff as easier targets than permanent colleagues; [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif][I]Size of Employment/Enterprise[/I][/FONT][/COLOR][COLOR=#211d1e][FONT=serif]- It may be easier for bullying to go on unchecked in a larger organisation; [/FONT][/COLOR]
[/LIST][COLOR=#004ea3]☛ [/COLOR][COLOR=#211d1e][FONT=serif][I]Organisational Change in the Workplace -[/I][/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]Organisational changes in the workplace can increase the risk of workplace bullying. These include: [/FONT][/COLOR]
[LIST]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 83px">[COLOR=#211d1e][FONT=serif]New manager or supervisor; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 83px">[COLOR=#211d1e][FONT=serif]Change in ownership; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 83px">[COLOR=#211d1e][FONT=serif]Reorganisation of the company; [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]The introduction of new technology. [/FONT][/COLOR]
[/LIST]
[LIST]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif][I]Management of Relationships in the Workplace – [/I][/FONT][/COLOR][COLOR=#211d1e][FONT=serif]Bullying is more likely to occur in workplaces lacking an effective human resource management system that respects each person individually and monitors and supports work relationships[/FONT][/COLOR][COLOR=#211d1e][FONT=serif][I]. [/I][/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif][I]Gender Imbalance/Age Imbalance [/I][/FONT][/COLOR][COLOR=#211d1e][FONT=serif]– Bullying may be more likely to occur where there is an age or gender imbalance in the workplace. [/FONT][/COLOR]
[/LIST][COLOR=#211d1e][FONT=serif]This list is representative only, not exhaustive, and should be used as guidance. [/FONT][/COLOR]


[B][COLOR=#004ea3][FONT=serif][B]TAKING PRECAUTIONARY MEASURE[/B][/FONT][/COLOR][COLOR=#004ea3][FONT=serif][B]S [/B][/FONT][/COLOR][/B]

[B][COLOR=#004ea3][FONT=serif][B][I](1)[/I][/B][/FONT][/COLOR][COLOR=#004ea3][FONT=serif][B][I] Introduce and implement an effective Anti-Bullying Policy [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]The preparation and implementation of an effective Anti-Bullying Policy is necessary so as to ensure that, should bullying occur, there are procedures in place, supported by management, to deal with it. The issues to be dealt with in that Policy are outlined on the following pages. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]In the preparation and implementation of an effective Anti-Bullying Policy, similar considerations will apply in relation to consultation, participation and representation, as in the case of the Safety Statement. The Authority’s publication, “Guidelines on Preparing Your Safety Statement and Carrying Out Risk Assessments”, advises as follows in relation to consultation, participation and representation in that context:-[/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]“The law requires you to put in place a safety consultation programme that facilitates participation by all employees in health and safety matters. Participation by your employees supports your risk control by encouraging their “ownership” of health and safety policies and procedures. It also gives them an understanding that your workplace and the people working in it benefit from good health and safety performance. Pooling knowledge and experience through employee consultation, participation and representation through the safety representative means that health and safety becomes “everybody’s” business.” [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]That advice is equally relevant in relation to an Anti-Bullying Policy. [/FONT][/COLOR]

[B][COLOR=#004ea3][FONT=serif][B][I](2)[/I][/B][/FONT][/COLOR][COLOR=#004ea3][FONT=serif][B][I] Training and instruction [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]Employees should be provided with such information, instruction, training and supervision as is necessary to ensure the prevention of workplace bullying. This should include: [/FONT][/COLOR]
[LIST]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 83px">[COLOR=#211d1e][FONT=serif]making employees aware of the Anti-Bullying Policy; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 83px">[COLOR=#211d1e][FONT=serif]information on the appropriate behaviour to comply with the terms of the policy; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 83px">[COLOR=#211d1e][FONT=serif]training, if needed, in order to comply with the policy [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 83px">[COLOR=#211d1e][FONT=serif]assistance, if necessary, to overcome a bullying incident, as well as adequate and informed supervision of the work environment; [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]the awareness-raising of managers, supervisors and employees to deal with bullying complaints. [/FONT][/COLOR]
[/LIST][COLOR=#211d1e][FONT=serif]Another issue which may arise and may influence an environment where bullying might occur involves the nature of a person’s position and role profile in the workplace. Therefore, precautions can be taken through job design. As a matter of good practise, employers should plan each worker’s position and define his/her role as clearly as possible. They should be provided with the necessary tools and the information/training to carry out their functions. This may include a written description of main duties and responsibilities and a clear line of supervision. This should be reviewed in a collaborative manner on an on-going basis and any changes in job content should be communicated clearly to the individual and those working alongside him/her. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]This in turn will help create an environment where bullying is less likely to occur, as the role of each employee will be clear and transparent at all time both to him/her and to his/her colleagues and supervisors/managers. [/FONT][/COLOR]

[B][COLOR=#004ea3][FONT=serif][B][I](3)[/I][/B][/FONT][/COLOR][COLOR=#004ea3][FONT=serif][B][I] Each employee acknowledging his/her responsibility [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]Every employee is responsible to safeguard his/her own safety and welfare, as well as that of his/her colleagues who may be affected by his/her actions, or omissions, while at work. Therefore each employee must be made aware of their duty not to place the safety and welfare of colleagues at risk by engaging in bullying or, where in a position of authority, to take the appropriate steps to stop bullying if or when it occurs. [/FONT][/COLOR]


[B][COLOR=#004ea3][FONT=serif][B]GUIDANCE ON THE PREPARATION OF AN ANTI-BULLYING POLICY [/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]A policy dealing with the prevention of workplace bullying should be produced following consultation with the employee representatives. It should be written, dated and signed by Senior Management level and updated when appropriate. It should be made available to all staff and highlighted as part of the induction process. It should also be publicised among existing staff on an ongoing basis. Reference should also be made to the Anti-Bullying Policy in the Safety Statement. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif]The Anti-Bullying Policy should: [/FONT][/COLOR]
[LIST]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Have the Task Force definition of Workplace Bullying clearly indicated. [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]State that management, at the highest level, will not tolerate bullying behaviour and will take appropriate steps to resolve any existing bullying problems; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px">[COLOR=#211d1e][FONT=serif]Identify areas where bullying might be a problem or has been a problem [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]Set out procedures for addressing allegations of Workplace Bullying. In this regard, the procedures set out in the Labour Relations Commission Code of Practice S.I. no. 17 of 2002 are recommended. This provides for an informal and a formal procedure as detailed below. [/FONT][/COLOR]
[/LIST][B][COLOR=#004ea3][FONT=serif][B][I]Informal Procedure [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]While in no way diminishing the issue or the effects on individuals, an informal approach can often resolve matters. As a general rule therefore, an attempt should be made to address an allegation of bullying as informally as possible by means of an agreed informal procedure. The objective of this approach is to resolve the difficulty with the minimum of conflict and stress for the individuals involved. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif](a) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]Any employee who believes he or she is being bullied should explain clearly to the alleged perpetrator(s) that the behaviour in question is unacceptable. In circumstances where the complainant finds it difficult to approach the alleged perpetrator(s) directly, he or she should seek help and advice, on a strictly confidential basis, from a contact person. A contact person could, for example, be one of the following: [/FONT][/COLOR]
[LIST]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 117px">[COLOR=#211d1e][FONT=serif]a supervisor or line manager; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 117px">[COLOR=#211d1e][FONT=serif]any manager in the workplace; [/FONT][/COLOR]<LI style="MARGIN-BOTTOM: 8px; MARGIN-LEFT: 117px">[COLOR=#211d1e][FONT=serif]human resource/personnel officer; [/FONT][/COLOR]
[*][COLOR=#211d1e][FONT=serif]employee/trade union representative. [/FONT][/COLOR]
[/LIST][COLOR=#211d1e][FONT=serif]In this situation the contact person should listen patiently, be supportive and discuss the various options open to the employee concerned. [/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif](b) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]Having consulted with the contact person, the complainant may request the assistance of the contact person in raising the issue with the alleged perpetrator(s). In this situation the approach of the contact person should be by way of a confidential, non-confrontational discussion with a view to resolving the issue in an informal low-key manner. [/FONT][/COLOR][COLOR=#211d1e][FONT=serif](c) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]A complainant may decide, for whatever reason, to bypass the informal procedure. Choosing not to use the informal procedure should not reflect negatively on a complainant in the formal procedure. [/FONT][/COLOR]
[B][COLOR=#004ea3][FONT=serif][B][I]Formal Procedure [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]If an informal approach is inappropriate or if after the informal stage, the bullying persists, the following formal procedures should be invoked: -[/FONT][/COLOR]
[COLOR=#211d1e][FONT=serif](a) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]The complainant should make a formal complaint in writing to his/her immediate supervisor, or if preferred, any member of management. The complaint should be confined to precise details of actual incidents of bullying. [/FONT][/COLOR][COLOR=#211d1e][FONT=serif](b) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]The alleged perpetrator(s) should be notified in writing that an allegation of bullying has been made against him/her. He or she should be given a copy of the complainant’s statement and advised that he or she shall be afforded a fair opportunity to respond to the allegation(s). [/FONT][/COLOR][COLOR=#211d1e][FONT=serif](c) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]The complaint should be subject to an initial examination by a designated member of management who can be considered impartial with a view to determining an appropriate course of action. An appropriate course of action at this stage, for example, could be exploring a mediated solution or a view that the issue can be resolved informally. Should either of these approaches be deemed inappropriate or inconclusive, a formal investigation of the complaint should take place with a view to determining the facts and the credibility or otherwise of the allegation(s). [/FONT][/COLOR]
[B][COLOR=#004ea3][FONT=serif][B][I]Investigation [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif](d) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]The investigation should be conducted by either a designated member(s) of management or, if deemed appropriate, an agreed third party. The investigation should be conducted thoroughly, objectively, with sensitivity, utmost confidentiality, and with due respect for the rights of both the complainant and the alleged perpetrator(s). [/FONT][/COLOR][COLOR=#211d1e][FONT=serif](e) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]The investigation should be governed by terms of reference, preferably agreed between the parties in advance. [/FONT][/COLOR][COLOR=#211d1e][FONT=serif](f) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]The investigator(s) should meet with the complainant and alleged perpetrator(s) and any witnesses or relevant persons on an individual confidential basis with a view to establishing the facts surrounding the allegation(s). Both the complainant and alleged perpetrator(s) may be accompanied by a work colleague or employee/trade union representative if so desired. [/FONT][/COLOR][COLOR=#211d1e][FONT=serif](g) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]Every effort should be made to carry out and complete the investigation as quickly as possible and preferably within an agreed timeframe. On completion of the investigation, the investigator(s) should submit a written report to management containing the findings of the investigation. [/FONT][/COLOR][COLOR=#211d1e][FONT=serif](h) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]Both parties should be given the opportunity to comment on the findings before any action is decided upon by management. [/FONT][/COLOR][COLOR=#211d1e][FONT=serif](i) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]The complainant and the alleged perpetrator(s) should be informed in writing of the findings of the investigation. [/FONT][/COLOR]
[B][COLOR=#004ea3][FONT=serif][B][I]Outcome [/I][/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif](j) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]Should management decide that the complaint is well founded, the alleged perpetrator(s) should be given a formal interview to determine an appropriate course of action. Such action could, for example, involve counselling and/or monitoring or progressing the issue through the disciplinary and grievance procedure of the employment. [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]1 [/FONT][/COLOR][COLOR=#211d1e][FONT=serif](j) [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]If either party is unhappy with the outcome of the investigation, the issue may be processed through the normal industrial relations mechanisms. [/FONT][/COLOR]

[B][COLOR=#004ea3][FONT=serif][B]CONFIDENTIALITY: [/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]All individuals involved in the procedures referred to above should maintain confidentiality on the subject. [/FONT][/COLOR]

[B][COLOR=#004ea3][FONT=serif][B]TRAINING/AWARENESS RAISING: [/B][/FONT][/COLOR][/B]

[COLOR=#211d1e][FONT=serif]9[/FONT][/COLOR][COLOR=#211d1e][FONT=serif]. [/FONT][/COLOR][COLOR=#211d1e][FONT=serif]It is considered that all personnel who have a role in both the informal and formal procedure - e.g. designated members of management, worker representatives, union representatives etc – should be made aware of appropriate policies and procedures which should, if possible, include appropriate training. [/FONT][/COLOR]
```


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## Complainer (3 Nov 2008)

Purple said:


> then take the bullying manager into a private meeting and tell her in a calm but forceful manner that her actions are damaging your business and she must change the way in which she interacts with other employees. Do not use words like “I feel”; keep it detached and almost legalistic and steer the conversation away from discussion of emotion. You cannot be seen to be arguing the case for those who have made the accusations or the bully might be the one taking the case for unfair dismissal.


There are two significant risks with this approach.

First, you are ignoring your own anti-bullying procedure. This could leave you exposed at a later stage if things go legal. If your procedure (which presumably took considerable time/money to develop) doesn't cover the scenario of anonymous complaints, then consider updating the procedure before you act, or steering the complainants into the procedure.

Secondly, you will appear to have rushed to judgement based on one side of the arguement only. The alleged bully will probably ask about what complaints have been made, and (not unreasonably) who has made them. It will be difficult or impossible to speak about the specifics of the complaints without identifying the complainants.


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## j26 (3 Nov 2008)

Get it out into the open.

Tell everyone at one meeting that complaints have been made, but not pursued any further to date.  You will be monitoring the situation, and if there are further reports of bullying you will be compelled to initiate a full investigation as you will not tolerate this kind of behaviour because it hurts your business.  If any individual has not been bullying there is nothing to fear from this, but bullies should be aware that it will be treated very severely.  Remind them what constitutes bullying.


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## PM1234 (3 Nov 2008)

sesame said:


> It is a culmination of comments, exclusion, gossiping that each event on its own is irrelevant but combined makes life very difficult for the victims.



Bringing up any issue of bullying in a team environment may only add to the above actions. 

Bullies are not able to exclude, comment, gossip on their own and you'll find the bully has her own little pack around her. I would imagine a short talk about company policy in a meeting, while it might frighten those surrounding the bully, it will not deal with the main issue.  If she is a strong character she may even turn the situation around to say that the 'victim' (for want of a different word) is the real bully.

If you have an anti bullying policy, I'd suggest having a 1:1 with all staff members and raise the issue individually with everyone.  If you don't have a policy, draw one up quickly so nobody can claim they are unaware of the policy or consequences. 

If it continues and you have witnessed it yourself, a verbal warning could be given to the culprit/s.

I really hope you get this sorted. Bullying creates an awful atmosphere to work in and can seriously affect someone's confidence and self belief.


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## Purple (4 Nov 2008)

Complainer said:


> There are two significant risks with this approach.
> 
> First, you are ignoring your own anti-bullying procedure. This could leave you exposed at a later stage if things go legal. If your procedure (which presumably took considerable time/money to develop) doesn't cover the scenario of anonymous complaints, then consider updating the procedure before you act, or steering the complainants into the procedure.
> 
> Secondly, you will appear to have rushed to judgement based on one side of the arguement only. The alleged bully will probably ask about what complaints have been made, and (not unreasonably) who has made them. It will be difficult or impossible to speak about the specifics of the complaints without identifying the complainants.



Not many small businesses have an anti-bullying procedure and many of those that do simply paid to have one put in place so that they had one in place. That may not be the way it should be but lack of time and lack of the appropriate skill-set often mean that theory and practice don't match.
I would not say the complaints have been made, I'd say that I have noticed the behaviour and can see the effect it is having.  

If I ran a shop or business where I was hands-on and employed 10 people an anti-bullying procedure would be the last of my worries.


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## ubiquitous (4 Nov 2008)

OP should do nothing without proper HR/legal advice, if necessary from HR specialists like Peninsula.


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## Purple (4 Nov 2008)

ubiquitous said:


> OP should do nothing without proper HR/legal advice, if necessary from HR specialists like Peninsula.



Yes, probably the best advice so far.


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## krissovo (4 Nov 2008)

ubiquitous said:


> OP should do nothing without proper HR/legal advice, if necessary from HR specialists like Peninsula.



Sounds expensive and fairly unnecessary if there is no formal complaint in place.  Its been mentioned before but IMO a 1:1 session with the accused would be the route I would take.  I would make it as informal as you can  tell the staff member that some points has been raised over their behaviour at work without mentioning the word bullying.


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## ubiquitous (4 Nov 2008)

krissovo said:


> Sounds expensive and fairly unnecessary if there is no formal complaint in place.  Its been mentioned before but IMO a 1:1 session with the accused would be the route I would take.  I would make it as informal as you can  tell the staff member that some points has been raised over their behaviour at work without mentioning the word bullying.



Expensive? Unnecessary? What is the OP's exposure if things go wrong? What is the value to them of ensuring that things go right?


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## Diziet (4 Nov 2008)

As an employer, you are responsible for your employees' health and safety. The HSA clearly views bullying as a Health and Safety issue and has guidelines in place:

[broken link removed]


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## krissovo (4 Nov 2008)

ubiquitous said:


> Expensive? Unnecessary? What is the OP's exposure if things go wrong? What is the value to them of ensuring that things go right?



No complaint has been made yet!  That is one fact everyone can agree on so exposure is low risk.  

Best way to deal with bullying complaints is to nip it in the bud at source and use an escalation system.  The 1:1 would gather facts informally for a further assessment of the situation once these are together.  If they are a bully then they will know they are on the radar and hopefully sort themselves out. If they are not a bully then you will not have a number of upset employees.  If it needs to go further then so be it but at least you have extra steps to try and resolve the situation.

Everything if captured early can be fixed!


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## krissovo (4 Nov 2008)

Diziet said:


> As an employer, you are responsible for your employees' health and safety. The HSA clearly views bullying as a Health and Safety issue and has guidelines in place:
> 
> [broken link removed]



Interesting piece in that article:

_"Employees have a duty to their colleagues not to bully them, and have rights if they are accused of bullying, which must also be defended."_

_"Where a bullying culture has been identified, (through a number of complaints being received)  employers must take reasonable measures to prevent incidents of bullying occurring (through awareness raising and training as well as reacting speedily to resolve issues early)"_


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## ubiquitous (4 Nov 2008)

krissovo said:


> No complaint has been made yet!  That is one fact everyone can agree on so exposure is low risk.



With respect, I'm not sure that you really know what you are talking about here, otherwise you would not say that a two-years-old ongoing bullying case is "low risk" for the employer.


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## krissovo (4 Nov 2008)

ubiquitous said:


> With respect, I'm not sure that you really know what you are talking about here, otherwise you would not say that a two-years-old ongoing bullying case is "low risk" for the employer.



No problem you are entitled to your opinion. 

I beg to differ but it is not an "ongoing bullying case" if no one has reported it.  The company has a bullying policy and procedure and the employees have been given the option to use that facility.  They have declined so that makes it low risk IMO.  What is wrong with talking to the accused before getting expensive HR consultants in?


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## Complainer (4 Nov 2008)

Purple said:


> Not many small businesses have an anti-bullying procedure and many of those that do simply paid to have one put in place so that they had one in place. That may not be the way it should be but lack of time and lack of the appropriate skill-set often mean that theory and practice don't match.
> I would not say the complaints have been made, I'd say that I have noticed the behaviour and can see the effect it is having.
> 
> If I ran a shop or business where I was hands-on and employed 10 people an anti-bullying procedure would be the last of my worries.


The OP has indicated that there is indeed an anti-bullying policy in place, and it doesn't provide cover for anonymous complaints, presumably for good reasons. The OP was quite ambiguous about his personal experience of the bullying. He states that "I know that the bullying is taking place" but is not clear about what he has personally seen or witnessed.

It would be a huge mistake to raise these issues with the employee unless he has direct personal experience of the behaviour, or he has an 'on the record' complaint from someone who has.


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## AgathaC (4 Nov 2008)

I agree with the posters who suggest getting professional advice on how to proceed in this situation. It is important that it is dealt with in the proper manner. I would suggest seeking advice as quickly as possible as if there is bullying in the workplace it creates a very bad atmosphere, unnecessary stress, and be very demotivating. You could also lose good staff by not dealing with the situation.


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## Diziet (5 Nov 2008)

Note that most bullying policies recommend trying to resolve issues informally. The employer has a responsibility to do this, as ignoring it will mean that the issue escalates. If the issue escalates, then either the complainant or the bully end up losing their jobs and the atmosphere is poisoned for everyone (let alone the psychological stress for the individuals concerned). If the complainants want to stay anonymous for now, this does not exclude the possibility of informal discussion and/or the employer keeping a close eye on events and voicing their opinion on unsuitable behaviour. 

At the point this becomes a formal complaint, everybody loses. A sensible employer will take steps way before that point.


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## Purple (5 Nov 2008)

Complainer said:


> The OP has indicated that there is indeed an anti-bullying policy in place, and it doesn't provide cover for anonymous complaints, presumably for good reasons. The OP was quite ambiguous about his personal experience of the bullying. He states that "I know that the bullying is taking place" but is not clear about what he has personally seen or witnessed.
> 
> It would be a huge mistake to raise these issues with the employee unless he has direct personal experience of the behaviour, or he has an 'on the record' complaint from someone who has.


 I disagree. Diziet puts it very well;



Diziet said:


> Note that most bullying policies recommend trying to resolve issues informally. The employer has a responsibility to do this, as ignoring it will mean that the issue escalates. If the issue escalates, then either the complainant or the bully end up losing their jobs and the atmosphere is poisoned for everyone (let alone the psychological stress for the individuals concerned). If the complainants want to stay anonymous for now, this does not exclude the possibility of informal discussion and/or the employer keeping a close eye on events and voicing their opinion on unsuitable behaviour.
> 
> At the point this becomes a formal complaint, everybody loses. A sensible employer will take steps way before that point.


 I agree.


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## Complainer (6 Nov 2008)

Purple said:


> I disagree. Diziet puts it very well;


The two suggestions aren't mutually exclusive. Informal approach may work, if the employer has first-hand experience of the problem behaviour. If he is relying on the 'off-the-record' complaints, I don't think it makes a lot of sense to go in with 'I hear that you're up to a bit of bullying'.


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## WaterSprite (7 Nov 2008)

If people are asked whether they want to instigate a formal process against an alleged bully, often they will decline.  However, I believe that OP should not take this desire into account at this stage.  It may be one thing if only one person complained of a one-off incident but, as there have been 5 complaints, it brings the situation into an entirely different realm.  

Think of the comparison to a crime- you can report a crime to the gardai and then it's out of your hands - you can't then decide not to proceed with a case.  This is the way I think OP should address this - take it out of the hands of the bullied employees and take a strong stand.  There is a greater good here: the maintenance of a safe and productive workplace.  If someone is destroying that, then OP should act.   There are also potential legal implications - OP has not stated that his/her actual policy _prevents_ an employer acting on an anonymous complaint and I'd imagine that it doesn't specifically mandate that complaints must remain anonymous if requested (although most policies do say that confidentiality will be observed, which is an entirely different thing).  OP has a positive obligation to prevent and address bullying in the workplace; what his/her policy says about it is purely the process that happens to be used to back up this positive and basic obligation.

There will be a number of different "policies" at work here: (i) a prevention of bullying statement (ii) a grievance procedure (which complaining employees can trigger if they have a problem), which links into (iii) a disciplinary policy, which will apply to the alleged bully if the claims are substantiated.  The alleged bully needs to be able to address charges made against her and, to do that, it is normally necessary to identify the complaining employee. 

OP, my advice to you is to meet with the complaining employees and tell them that, as this matter is so serious, you cannot guarantee their anonymity and that you will be addressing their issues.  Then meet with the alleged bully and present the case to her and see what she has to say.  You may need another meeting to resolve discrepancies after that but, on the basis of those two meetings, you will have enough information to decide whether to instigate the disciplinary process or not.   You seem to care very much about the working atmosphere at your workplace - take the bull by the horns and protect it.  I believe your employees will thank you for taking this course of action, regardless of their prior requests for anonymity.

All the best
Sprite


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## Purple (7 Nov 2008)

Complainer said:


> The two suggestions aren't mutually exclusive. Informal approach may work, if the employer has first-hand experience of the problem behaviour. If he is relying on the 'off-the-record' complaints, I don't think it makes a lot of sense to go in with 'I hear that you're up to a bit of bullying'.


I didn't say that the OP sould go with 'I hear that you're up to a bit of bullying'. Read my post again.


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## cruchan09 (7 Nov 2008)

For what it's worth this is my advice, and I deal with bullying and harassment claims on a regular basis in the public service. It's based on my experience of dealing with victims, perpetrators and the various statutory authorities. Take it as you will. 

You know bullying is taking place or is perceived by the victims to be taking place so you must do something about it, otherwise you will have no valid defence if you end up in front of a labour court judge / rights commissioner or in a worse case scenario a judge in a civil court if a 'bullied' member of staff decides to take a civil claim for injuries associated with bullying against you. Whilst I understand that you cannot do anything concrete about anonymous claims of bullying or bullying claims that staff members will not follow through it could be conceivably argued that there is a culture of bullying in your company given the history outlined and you are doing little to deal with the issue. I would strongly advise against any sort of one on one chats as these can be construed in themselves as harassment or bullying.

At this stage I would suggest that the company engages an external consultancy to review the existing and if necessary develop an updated bullying policy (this shows continuous review of your existing documents in light of complaints). To compliment the new document training sessions for all staff (separate for junior staff and managers) should be undertaken in the contents and purpose of the new document (this often frightens bullies into realising that their behaviour will no longer be tolerated). Using an external consultant has a cost but this can be justified as this approach it makes staff aware of their duties without personalising the issue; you can be confident that if you use a reputable company you will get good advice; also you are spreading the risk so if in the event that your new policy is deemed to be a problem in any future bullying case and you loose a case you can (subject to specifics) sue the consultants under their PI insurance. Also if you use an in-house resource to rewrite the policy it will most probably be ignored!

Finally document absolutely everything in your own personal records.


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## WaterSprite (7 Nov 2008)

cruchan09 said:


> Whilst I understand that you cannot do anything concrete about anonymous claims of bullying or bullying claims that staff members will not follow through it could be conceivably argued that there is a culture of bullying in your company given the history outlined and you are doing little to deal with the issue. I would strongly advise against any sort of one on one chats as these can be construed in themselves as harassment or bullying.



I don't agree that OP cannot do anything about the bullying claims - it is not up to the staff members to follow through on this - it's up to OP.  The deliberate choice to instigate a grievance procedure by a bullied staff member is not a prerequisite to OP implementing the bullying procedure.  Also, what makes a one-to-one chat (although I'd do it more formally) with the alleged bully harassment or bullying?  The fact that the complaints are anonymous?  Or the fact that the bullied employees don't want to trigger the grievance procedures themselves?  A complaint has been made to OP, OP should act on this and should disregard requests for anonymity as it would be unfair (and against the principals of natural justice) to present the alleged bully with anonymous complaints.  This is really the only viable way to deal with this issue.

Many people have advised peripheral and indirect ways to address this issue - like having a company-wide meeting to talk about bullying generally or getting in outside help to do something similar.  While getting in outside help may be useful, I think it will only be useful to do something that OP should do him/herself - and that is to address the bullying allegations and see if they can be substantiated.  

OP needs to directly deal with the issue and treat this as a normal complaint of bullying.  Take away the anonymity question and actually grasp the nettle.  It's the only way.

Cruchan, I respect your experience but you yourself have said that OP needs to actually do something here.  To my mind, merely re-advising people of the policy is not going to put an end to the bullying.  Also, having an avenue to sue someone under their PI insurance if they screw up the reiteration of the bullying policy is not a solution, it's just a remedy.  Bullies will usually be well aware of relevant policies but will be willfully blind to the fact that their behaviour falls into the category of bullying.  There is no reason that OP should not bring these allegations (without anonymity) to the alleged bully directly and to listen to the response/defence to see if the claims can be substantiated.

OP hasn't posted since the initial query and I'm curious as to what his/her thinking is on this having read the thread.

Sprite


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## WaterSprite (7 Nov 2008)

One other thing that occurred to me - the complaints themselves are not actually anonymous; named individuals have made them.  It would be a different story if there was an unsigned note left on OP's desk saying "mary bullies me" or something written on a toilet wall or something but this is not the case here.  

And I'm going to contradict myself here in that, depending on the allegation, OP does not have to tell the alleged bully who said what.  If e.g. in a sexual harassment context, someone reported that an employee was watching porn in the office, an employer could just put that to the employee and ask for a response.  Equally, sometimes someone can report bullying of another staff member and the employer can ask the alleged bully about the circumstances reported.  In any case, my advice is the same - for OP to face up to the issue.  OP may have to identify the complainers to the alleged bully in order for her to address the allegations - if the alleged bully cannot effectively address the allegations without the complaining employees being identified, then OP should disregard their request for anonymity.

Sprite


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## cruchan09 (7 Nov 2008)

> I don't agree that OP cannot do anything about the bullying claims - it is not up to the staff members to follow through on this - it's up to OP. The deliberate choice to instigate a grievance procedure by a bullied staff member is not a prerequisite to OP implementing the bullying procedure.


 
I agree, bad choice of words by me. What I meant is that it is difficult for him to make investigations into specific claims if anonymity is requested. As you say the onus is on the OP to do something but I would be very mindful of the fact that by addressing a specific bullying complaint against an individual staff member to ensure natural justice / fairness you would have to give the alleged bully details of the complaint which would allow him/ her to identify the victim. Also the bully has the option to use witnesses to any specific events to provide evidence on their behalf which can lead to further staff members having details of the 'anonymous' complainant. In my experience this does not go down too well with either the complainant or any person adjudicating on the case. In such a case the complainant could claim victimisation. 





> Also, what makes a one-to-one chat (although I'd do it more formally) with the alleged bully harassment or bullying?


 
Depends on what you r definition of a 1-1 chat is. If it’s a discussion between senior manager and alleged bully following adequate notification to alleged bully and the provision in writing of alleged complaints with the presence of a third party nominated by the ‘bully’ then it would be ok. If it’s a senior manager who calls in a junior staff member and says you’re a bully then you have a problem. 



> Many people have advised peripheral and indirect ways to address this issue - like having a company-wide meeting to talk about bullying generally or getting in outside help to do something similar. While getting in outside help may be useful, I think it will only be useful to do something that OP should do him/herself - and that is to address the bullying allegations and see if they can be substantiated.
> 
> OP needs to directly deal with the issue and treat this as a normal complaint of bullying. Take away the anonymity question and actually grasp the nettle. It's the only way.




Whilst it sounds like the logical thing to do, logic goes out the window if you have two ‘victims’ – one alleged victim and one alleged bully. The OP has to cover their own ass and that of the company and the only way to do that is to be painfully pedantic in their approach and ensure that they do everything by the book. 




> Cruchan, I respect your experience but you yourself have said that OP needs to actually do something here. To my mind, merely re-advising people of the policy is not going to put an end to the bullying.


 
It is an appropriate response to a bullying report that cannot be substantiated due to the anonymity of the victim. 




> Also, having an avenue to sue someone under their PI insurance if they screw up the reiteration of the bullying policy is not a solution, it's just a remedy.


 
This is not the reason to engage a consultant, just an additional positive to doing so. Risk transference in HR matters is a well used risk management policy.




> Bullies will usually be well aware of relevant policies but will be willfully blind to the fact that their behaviour falls into the category of bullying.


 
All the more reason for retraining. 




> OP hasn't posted since the initial query and I'm curious as to what his/her thinking is on this having read the thread.


Me too.

We have different views on this, perhaps mine is skewed by the fact that my experience is (for the most part) in the public service who are in my experience are much quicker than the private sector to make unfounded bullying allegations against co-workers for the slightest of things. For example where I work it is common practise to start making complaints about exclusion, bullying and harassment against your manger when you know that you are either eligible to apply for promotion or if a more senior position becomes vacant. This is so that in the event that you don’t get your promotion or new job you can say that it fits into the pattern of bullying against you. Similarly you will find that many managers will actively encourage the promotion of such persons out of their department to get rid of them. It is common knowledge where I work that the best way to get promoted is to be very bad at your job / such a big pain in the ass that you are actively shifted out (and up) into someone else’s department by your boss. Perhaps this explains the seniority of some of the idiots I work with.


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## sesame (8 Nov 2008)

Thank you all for the great feedback. Unfortunately I am probably still as confused as ever. 
I am quite aware that I have to act on this but my biggest concern is that my actions could be construed as constructive dismissal. E.G. If I bring her in for a chat and tell her that I have 5 complaints against her. I might as well be saying that everyone hates her. She then decides that she can't work here anymore and it ends up costing me alot of money. 
My feeling at the moment is that I should bring her in for a chat along the lines that "I" have noticed a bad atmosphere in the department and want to clear the air. "I can see that certain employees seem to be under pressure" 
If that does not work then my next action will be to bring in professional help.


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## Complainer (8 Nov 2008)

sesame said:


> My feeling at the moment is that I should bring her in for a chat along the lines that "I" have noticed a bad atmosphere in the department and want to clear the air. "I can see that certain employees seem to be under pressure"


Is this view based on your own personal observations, or on the reports that have been made to you?


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## WaterSprite (8 Nov 2008)

sesame said:


> Thank you all for the great feedback. Unfortunately I am probably still as confused as ever.
> I am quite aware that I have to act on this but my biggest concern is that my actions could be construed as constructive dismissal. E.G. If I bring her in for a chat and tell her that I have 5 complaints against her. I might as well be saying that everyone hates her. She then decides that she can't work here anymore and it ends up costing me alot of money.
> My feeling at the moment is that I should bring her in for a chat along the lines that "I" have noticed a bad atmosphere in the department and want to clear the air. "I can see that certain employees seem to be under pressure"
> If that does not work then my next action will be to bring in professional help.



Putting actual complaints to someone that you don't believe are frivolous will not support a constructive dismissal claim.  Put specific examples that people have told you to her, and ask her for her side of the story.  This first step is an investigation into whether the claims can be substantiated, not to present her with the fact that no-one likes her.  This is a diplomatic process, to be sure, but one where, if it's done properly, works all round and will not leave you with any exposure to liability.  In fact, being more general about the situation would be less constructive than actually telling her of the specific circumstances and behaviour that have been the subject of a complaint.

If you don't want to discuss the specific circumstances, I would advise against the type of meeting you propose and bring in outside help straight away.  I'd probably use a HR consultant for this.  I've been lucky to work with some great HR people and, when something like this is done properly, it really is an admirable thing to see.  Your brief to the outside help will be important and you should document what information you have given them - you do not want to pre-empt the conclusions of the investigation.

A more economic alternative is to sit down yourself with a HR consultant or HR lawyer and get some advice as to how to handle this yourself.  I can imagine that this is causing you stress, as well as your staff and, the sooner you deal with this issue, the sooner all can get back to work without this cloud hanging over you all.

For what it's worth, I think you should meet with her and say that there have been a number of complaints about her behaviour that some have felt bullied or undermined on those occasions.  Explain to her that, because of the importance of the bullying policy in the workplace, you have to investigate these claims.  Then put the specific circumstances of each claim to her and ask her for her interpretation of what happened.  Say that you are aware that there are two sides to each story and that she is there to give you her side, but that you are under a duty to investigate the claims since they were brought to you.  Until things are sorted out, ask her not to discuss the claims with anyone else.  Once this initial meeting has been held, you will have more information at hand to see if the claims are valid and if they should be acted upon.  Don't forget that, even if the claims are substantiated, it may not be enough to dismiss her, so approach this with a view to making everyone happy, rather than as the start of a process to fire her.  It may be that she just needs to see that specific behaviour is not acceptable and that she will work on improving her attitude.  Make it clear to her that it is *you* who is demanding a change in attitude (rather than her workmates) and that she is responsible to you.  Deflect her attention away from viewing her workmates as being the antagonists and make it between you (her manager) and her.

Sorry for the long post - it's difficult to give proper advice over an internet forum and ultimately it may be better for you to call someone to chat through things properly before you sit down at a meeting with her.  It's good to work out a script beforehand so that you pitch the problem in the right way.

Good luck
Sprite


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