UNISON says - "Time to end bullying at work." 
What is bullying at work?

Bullying can be defined in many ways but is generally behaviour that is identified as a misuse of power. It is usually persistent (i.e. more than a one-off incident), is offensive, abusive, intimidating, malicious or insulting behaviour, unfair use of sanctions. This makes the recipient feel upset, threatened, humiliated or vulnerable and undermines self-confidence.

Bullying behaviour is largely identified not so much by what has actually been done, but rather by the effect that it has on its target(s).

At its most extreme, bullying can be physical e.g. hitting, pushing, damaging or stealing personal possessions. This may, in some cases, constitute gross misconduct and should be dealt with under the disciplinary procedure. Examples of bullying

persistently criticising an individual unnecessarily; shouting at colleagues in public or private; deliberate isolation by ignoring or excluding a person; withholding information or removing areas of responsibility without justification; spreading malicious rumours; making inappropriate personal comments; blocking leave or training applications without reason; setting objectives with impossible deadlines with the deliberate intention of undermining an individual; deliberate misrepresentation of the views of senior management; undermining a person's self respect by condescending, paternalistic or threatening treatment that humiliates, intimidates or demeans.

Legitimate and constructive fair criticism of an employee's performance or behaviour at work is not bullying. It is also recognised that an occasional raised voice or argument does not constitute bullying.

It is unacceptable to condone bullying behaviour under the guise of a particular management style. Effective management obtain results whilst ensuring that employees are treated with dignity and respect.The Legal Position

The (employer) has duties to ensure the physical and psychological health, safety and welfare of employees at work under health and safety legislation. This includes assessing the causes of stress at work and introducing measures to reduce or prevent stress.

Harassment based on race, gender, sexuality or disability are serious employment issues and may be in breach of the Race Relations Act 1976, the Sex Discrimination Act 1975, the Disability Discrimination Act 1995, the Public Order and Criminal Justice Act 1994, the Protection from Harassment Act 1997 and/or Equal Opportunities Code of Practice.

Employers may be liable for the actions of their employees, whether or not they are carried out with the employer's knowledge or approval. This is in addition to the employee's individual liability for his/her own actions. Liability for harassment amounting to unlawful discrimination can only be avoided if it can be proven that appropriate preventative measures were taken to ensure that the offending acts were not committed.

Individuals complaining of racial or sexual harassment, or harassment on the grounds of disability may have direct recourse to the law through an Employment Tribunal. Whilst other forms of harassment may not be in breach of the law, they may contravene (the employer's) policy and as such are unacceptable.

Any legal claims for bullying would be concerned with breach of contract and unfair dismissal. That is, that the failure by an employer to deal with bullying related issues may result in a fundamental breach of one of the following implied terms:-

To keep employees safe from harm; To support and assist; Trust and confidence.

In addition, the Human Rights Act 1998 may also provide legal redress for complainants of harassment or bullying.

Have you or other staff in your area ever had time off work because of bullying? Have any staff left their job because of bullying at work in your area?

We need your views and experiences on any bullying you face at work. Please help us to help you by letting us know about your experiences in the workplace. Your replies will be treated as confidential You can Email me at work or my Home email also you can get A poster on the Unionsafe LINK pdf File

Philip Lewis UNISON Co-convenor Culture & Environment Directorate