Employment Law

Bullying and Harassment at Work
A one-day course

This course is aimed at HR professionals in both the public and private sectors and covers the key issues that arise in resolving disputes and dealing with claims involving bullying and harassment in the workplace. The focus is on demystifying what for many is a daunting area and helping clients take control of a situation and taking clear and prompt steps to prevent problems getting out of hand.

Welcome and Introduction

Distinguishing between bullying and harassment
Legal definition of Harassment
The Protection from Harassment Act 1997
‘Bullying’ behavior in the workplace
Bullying in the workplace
Seeking to define bullying
When does ‘strong’ management become bullying?
What conduct will the employer be liable for?
Unacceptable behaviours – the duty of mutual trust and confidence
Health and safety – the employer’s duty of care
Harassment
The discriminatory basis of harassment
The importance of the victim’s perception
Off-duty conduct – what is done ‘in the course of employment’?
Individual and employer liability
Liability for harassment from third parties
The employer’s ‘all reasonable steps’ defence
Grievances relating to bullying and harassment
Seeking to resolve disputes informally
When is mediation appropriate and what are the pros and cons?
Legal and contractual grievance procedures
Potential outcomes of the grievance process
Transferring employees – potential pitfalls
Bullying and harassment as a disciplinary issue
Codes of conduct on bullying and harassment
Investigating allegations – issues of confidentiality and fairness
Suspension – contractual issues
Disciplinary measures in response to bullying and harassment
Relevance of the victim’s wishes
Stress-related illness
Stress-related absence caused by bullying and harassment
A medical or managerial issue?
Agreeing terms for a return to work
If no return is possible – capability dismissals
Final Questions and round-up of key points

Downloads