Employers must prevent bullying

Tuesday 7th September 2004, 12:00AM BST.

In the first of a 15-day series covering the Commerce and Employment Department’s new guides, Tracey Ellis looks at the bullying and harassment at work guidelines EVERYONE should be treated with dignity and respect at work.

But what should an employee or employer do when someone is bullied or harassed?

Senior industrial relations advisory officer Mike Mahy said that employers had a duty of care to their staff to provide a safe, bullying-free working environment.

‘Failure to take reasonable steps to protect workers from the harm caused by bullying and harassment may, in serious cases, lead to an employee resigning and claiming constructive, and possibly unfair, dismissal,’ said Mr Mahy.

According to the new guide, harassment can be behaviour that is:

* verbal

* non-verbal

* physical

* other

Verbal harassment includes innuendo, personal comments or offensive remarks. Non-verbal harassment could include showing a colleague offensive literature or photographs while the third type would typically involve some element of inappropriate touching or bodily contact.

The last type could include practical jokes or unwelcome gifts.

The two-page leaflet outlines why employers should have a bullying and harassment policy and under which law employees could claim unfair constructive dismissal if they were forced to leave their job because their employer failed to deal with a complaint.

It gives advice to employers on how to set up a formal company policy on the subject and how they should deal with complaints.

Mr Mahy said that it was possible to resolve matters informally and that sometimes people were unaware their behaviour was unwelcome or causing offence.

‘An informal discussion may be all that is required to lead to a greater awareness of the situation and an agreement that the behaviour will cease.’

*The guides are available from Raymond Falla House on 234567, at www.industry.guernsey.net, or email industrialrelations@commerce.gov.gg


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