Discrimination - Beating the bullies

As an employer you have a liability for all the actions and comments of staff made in the office. You need to make it clear to other members of staff that racial comments or taunts will not be tolerated. Comments made between employees may be intended to be comical, however some may feel as though they are being victimised.

Comments between colleagues may be perceived to be a joke, either by yourself or other members of staff, however some comments may well be upsetting to other employees and therefore what is taking place is not just simple teasing but workplace bullying. This is a form of harassment prohibited by law and in no way should it be tolerated within the workplace. Should you receive a complaint, take the accusation seriously and act upon the details presented to you; in no way should you ignore this allegation.

Employers are required to carry out a risk assessment that should address the dangers associated with bullying. Ensure that you have formal and informal procedures as well as an equal opportunities policy in place, enforce them among the staff and check your policy on a six-monthly basis, making any necessary changes to keep it up to date and compliant with the law. Also, when new employees commence employment make sure that they are aware of the policy.

As an employer you need to have comprehensive policies and procedures in place detailing your policies on harassment, victimisation and bullying. There needs to be a formal route that staff can utilise to make a complaint if this is taking place and you need to act seriously regarding any such accusation; be aware that some victims of bullying may be reluctant to even come forward and speak to their manager. Try to ensure that employees feel comfortable about speaking to management if they are threatened or feeling victimised.

To minimise liability you, as the employer, need to be able to show that you have taken reasonably practicable steps to prevent breaches of legislation. If a complaint is made and you have not carried out the necessary steps to avoid the situation then you could find yourself heading into a litigation battle. However, sometimes legislation is unlikely to influence the behaviour of employees and so perhaps the best way forward in preventing a bullying situation erupting in your company is to educate your staff not to discriminate.

Your workforce also needs to know that is that it is not just you, the employer, that is liable for comments made in the office. The individual employee should be able to constrain themself from making tasteless comments likely to offend others. Self control can come only from the individual and not from the employer or colleagues.

Bullying is a worrying problem for both the employer and the victim in question. It can affect productivity and employee relationships. Following grievance and disciplinary procedures and having adequate policies in place will help to combat the problem, while failure to do so may result in the employee taking legal action.

- Peter Done, managing director, Peninsula.