EVERY individual enters a job or career for a specific reason, whether it be career aspirations, growth opportunities, financial stability, gaining knowledge, supporting family, or seeking a better lifestyle.
While many organisations strive to be recognised as a great place to work, it is crucial that every company, regardless of size, revenue, or number of employees, aspires to create a threat-free workplace by fostering a culture of zero tolerance towards any form of bullying or harassment.
Workplace bullying or harassment can severely impact an individual's health and well-being, and directly affect workplace productivity and quality. The outcomes of such behaviours can leave long-lasting scars, affecting a victim’s self-image, self-confidence, and mental health.
In Ireland, the Employment Equality Acts provide guidelines and protections for employees against bullying, harassment, and sexual harassment in the workplace. The Act defines bullying or harassment as any unwanted conduct related to any of the nine
discriminatory grounds: gender, civil status, family status, sexual orientation, age, disability, race, religious belief, and membership of the Traveller community. Sexual harassment is defined as any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature. In both cases, these behaviours are recognised as actions that infringe upon a person’s dignity, creating an intimidating, humiliating, or offensive environment, and are clear violations of the law, potentially attracting legal action. If you are an employer it is vital that you are aware of the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work.
This legislative framework guides organisations in creating, implementing, and promoting policies and practices that ensure workplaces are free from bullying, harassment, and sexual harassment. According to the law, it is also necessary for employers to
display a summary of their anti-bullying, anti-harassment, and anti-sexual harassment policies prominently within the workplace for employees’ awareness.
Recent data highlights that workplace bullying and harassment remains a significant issue across various sectors in Ireland. A 2021 survey within Irish higher education institutions found that around 33.5% of staff reported experiencing bullying, with cyberbullying affecting nearly one-third of participants. This study led to recommendations for improving workplace culture and providing awareness programmes in education settings (DCU Anti-Bullying Centre, 2022).
At a national level, the Central Statistics Office (CSO) reported that about 9.4% of workers in Ireland encountered work-related discrimination, with bullying and harassment cited as the leading factors. Employers are legally required to prevent and address workplace bullying under the Safety, Health and Welfare at Work Act, 2005 which mandates anti-bullying policies and proper response procedures. The Economic Cost of Workplace bullying is estimated to cost the Irish economy €239 million annually due to lost productivity, research estimates that a total of 1.7 million workdays were lost in Ireland last year due to bullying.
Recent case law regarding workplace bullying and harassment has continued to clarify the legal expectations for employers and employees in handling these issues.
A pivotal legal standard for assessing bullying in the workplace was set in a recent case, in which the employee was awarded €25,000 for bullying and harassment after the court found that the employer had failed to address the employee’s complaints adequately. This precedent has influenced more recent cases, where Irish courts now examine whether the alleged behaviour significantly undermines an employee’s dignity at work. This framework has been adopted in cases post-2022, underscoring that repetitive actions or minor inappropriate behaviours alone may not constitute bullying unless they substantially disrupt the victim’s well-being or professional stability.
Additionally, the recent Dignity Matters Report by the Law Society has had implications for cases within legal professions, emphasising that both public and private sector
employers need to uphold a zero-tolerance approach to bullying and harassment. This
report has pushed organisations to adopt policies that ensure a respectful workplace and address power dynamics effectively, which has influenced judgements in more recent cases concerning workplace behaviour standards.
Cases brought to the Workplace Relations Commission (WRC) also underscore these
evolving standards, especially regarding fair procedures. For instance, the WRC has consistently underscored that both the complainant and the alleged perpetrator must be
afforded fair treatment, highlighting that transparency in investigation processes is crucial. This approach aligns with guidance in the Code of Practice on Bullying and the
expectations of fair procedure, where clear policies and consistent enforcement are mandatory.
These recent legal developments illustrate the legal system’s increasing scrutiny of employer policies and actions regarding bullying and harassment, emphasising the need
for concrete, fair, and documented responses to prevent these issues. This trend shows a
focused effort by Irish courts and tribunals to establish a safe, supportive workplace environment across industries.
There is a well-known saying, ‘Prevention is better than cure’. We always recommend
that organisations take proactive measures such as developing clear policies, mandating
training on appropriate workplace behaviour for all employees, encouraging leaders and managers to foster a healthy work environment, and, most importantly, focusing on creating a work-friendly culture. This starts with recruiting talents that align with the organisation’s core values. The leadership team needs to create and promote a long- term well-being strategy for the organisation.
Open and honest communication is vital in fostering a respectful workplace culture that can effectively prevent bullying and harassment. When employees feel comfortable
expressing their concerns, sharing experiences, and seeking support, it creates an
environment where issues can be addressed promptly. Encouraging integration through
adequate & tailored team-building activities and regular feedback sessions can help break down barriers and promote mutual respect among colleagues. This proactive approach not only empowers individuals to stand up against inappropriate behaviour but also cultivates a sense of belonging, reducing the likelihood of isolation and conflict. By establishing clear communication channels, organisations can create a more inclusive atmosphere where everyone is valued, ultimately minimising the risk of bullying and harassment.
At ERA Ltd, we specialise in developing and implementing tailored policies that address bullying, harassment, and sexual harassment in the workplace. Our expert consultants work collaboratively with organisations to create a robust framework for conflict resolution, ensuring that employees at all levels are equipped with the necessary tools to handle potential issues. We offer training sessions focused on awareness, prevention and reporting mechanisms, empowering staff to foster a respectful work environment. Additionally, our comprehensive services include ongoing support in handling cases of bullying and harassment, enabling companies to respond effectively and sensitively. By partnering with ERA Ltd, organisations can cultivate a safer, more inclusive workplace that prioritises employee well-being and productivity. Remember, at ERA Ltd we are only a call or email away! In our next article we will look at the polices, processes and key practices to prevent where possible inappropriate behaviour in the work place.
