Prosper Autumn, Black Country Chamber of Commerce magazine

LEGAL BRIEFING: WHAT’S MAKING THE HEADLINES ACROSS THE LEGAL SECTOR
Workplace bullying hits record high:
are digital comms to blame?
Allegations of workplace bullying
have rocketed in the past year, with
shifts towards remote working and
digital communications playing a
key part, new data indicates,
Prosper asks This is The Black
Country business partner, Higgs
LLP for their perspective.
The dramatic overhaul of the workplace
environment triggered by the pandemic has
considerably altered the landscape of
working practices.
Hybrid or even fully remote working has
become commonplace and employers
across all sectors are – either out of choice
or necessity – displaying greater flexibility in
the way they operate.
However, one unwelcome by-product has
been the rise in workplace bullying cases.
Recent analysis has revealed that the
number of claims containing allegations of
bullying lodged at the Employment Tribunal
had increased by 44 per cent in the 12
months up to March 2022, from 581 to 835.
Tim Jones, Head of Employment at
leading regional law firm Higgs LLP,
believes the shift to remote working may
have prompted the apparent surge in cases,
with the bullying often manifesting in more
subtle and insidious ways.
He said: “There are genuine concerns
that the increased trend towards remote
working has contributed to the additional
cases of workplace bullying surfacing.
“This may be because individuals feel
less accountable for their comments hiding
behind their screens. It is certainly harder to
identify bullying through digital channels
than it would be in-person in the office.
“There is also a growing trend for people
to interpret comments or behaviours in
different ways. What one person may see as
workplace banter, another may view as a
deeply hurtful and bullying.
“It is clear the rise in workplace bullying is
something that employers must take
seriously and there is a real risk that
employers may be facing an increase in
claims from employees.”
Higgs LLP HR director Sophie Wardell
believes that having a five generation
workforce, coupled with changes to
practices accelerated by the pandemic,
have increased the chance of conflict
appearing the workplace.
“The motivations and needs of people
entering the workforce for the first time are
very different to those that have gone
before them,” said Sophie.
“They want their work schedule to fit into
the bigger picture of their daily lives.
“Employees have come to expect
flexibility and are increasingly prepared to
call out employers, or even move jobs, if
they can’t get it.
“Given talent shortages, power is most
definitely with the employee and, in some
cases, employers are trying to wrestle that
back which increases the risk of conflict.
“Communicating with their teams
remotely is a new experience for managers
and the need for regular and good quality
interaction has never been higher.”
The HR leader stressed that, where
allegations of bullying do arise, businesses
should have a very clear strategy of
attempting to reach an amicable resolution.
Sophie added: “If it becomes clear that
the issue can’t be resolved through informal
discussions, then mediation should be high
on the agenda.
“Many people see mediation as a last
resort, but I strongly believe in saying it
should be one of the first ports of call to
resolving a workplace dispute and
businesses should have it as part of any
grievance procedure, not as an afterthought.
“For the process to be effective, it should
be an independent mediator and someone
from outside the business. Resolution is
better than compromise and that is the
Companies
should
commit to a
strategy of
zero
tolerance of
harassment
and bullying
and adopt
an antiharassment
and bullying
policy, to
cover all
digital
comms
intended outcome of any mediation.”
Recently recognised as one of the
leading workplace mediators in the country
by Chambers & Partners and Legal 500, Tim
confirmed that mediation can be an
extremely powerful tool in resolving
disputes.
He said: “We know when cases go to
mediation, a huge number are resolved.
“Statistics show that close to 80 per cent
of cases are resolved in a day and another
10 per cent within a month.
“Those are impressive stats and there is
no doubt that, used in the right way,
mediation can save a great deal of time and
money.”
Tim believes there is a four-pronged
approach that employers should look to
adopt to help ensure workplace bullying
does not become part of their environment.
These are:
• Commit to a strategy of zero tolerance of
harassment and bullying and adopt an
anti-harassment and bullying policy, which
should be brought to the attention of all staff.
• Promote an awareness of antiharassment
and bullying in the workplace
through regular training sessions and
awareness days.
• Support and encourage employees to
report harassment or bullying by any of
their colleagues or third parties, and take
appropriate action on every complaint.
• Appoint workplace equality champions
who can advocate for, and monitor, equality,
including overseeing training and offering
support to individuals who experience
bullying or harassment in the workplace.
42 PROSPER AUTUMN 2022