How to deal with bullying and harassment

When two prominent female KPMG partners left the firm earlier this year, criticising the company over how it dealt with bullying claims, a very public discussion about bullying in finance institutions quickly followed.

Brand damage can be long lasting and hard to shake – remember PwC’s woes in 2015 when a female temp was sent home without pay for not wearing high heels? This is especially true today with social media. Criticisms can appear very quickly and spread far and wide.

But how do smaller businesses and organisations fare when faced with the fallout of bullying claims? How can you repair the reputational damage and, more importantly, how can you create a positive environment that minimises the chances of claims arising?

“There has been a lot of focus on harassment over the last few years, particularly sexual harassment,” said Rachel Suff, an employee relations adviser at the Chartered Institute of Personnel and Development (CIPD), the professional body for HR and people development. “And while that’s good because it’s shone a lot of light on a very real problem, it’s often the case that harassment and bullying are used interchangeably.

“This is important because although the behaviours can be the same, the impact on individuals can be very different, more widespread, and harder to define and address.”

This is because harassment has clear legal definitions and protections for people at work, whereas bullying can be more nebulous, explains Suff.

In the case of KPMG, the firm concluded that the claims did not amount to bullying, but partners Maggie Brereton and Ina Kjaer resigned because they felt the company did not respond adequately. This has led to a wider discussion about corporate practices – at the Big Four, women represent fewer than 20% of partners and all have struggled to reduce gender pay gaps.

The important thing, says Suff, is to have guidelines, ensure they are clearly communicated, ensure managers are thoroughly trained, and have someone take responsibility. HR would normally lead on this, but if you don’t have a HR manager, Suff says that you should nominate someone.

“Your policy will be effective if you communicate it well,” says Suff. “Be clear on what it is, what it looks like and how to call it out.” Vitally, any policy must be something that is kept live – not something that is left on the shelf. “You might want to have one on bullying and a separate one on sexual harassment, as they are complex areas to understand.”

Managers should also have a basic understanding of the law, she adds. “Managers follow the lead of their superiors and this creates a cascade effect. Everyone should be modelling; senior leaders have much influence as they define the organisation’s culture. Your people create your tacit norms.”

All these points help answer the question of how to create a work environment where bullying is less likely to occur in the first place. “It can feel a bit intangible, but showing your expectations defines your culture and that creates your values,” says Suff.

“All our policies are based around a culture of people, and what we deem acceptable and unacceptable for those people,” says Lucy Cohen, co-founder of Mazuma Accountants.

The culture at Mazuma takes protected characteristics – such as gender, sexual orientation and race – into account. “Building on that, it’s about considering what we as a company believe in, which has evolved over time,” adds Cohen.

Mazuma is fortunate to have had no grievances. But this, Cohen says, is down to the firm’s board of directors and managers being open and understanding of the dangers. “We have an open door policy on things like mental health and harassment, and if there are areas some regard as taboo, we say employees are free to talk about them if they want to.”

If a bullying case arose, Mazuma would review it based on what happened and how it sits with the law. Ultimately, Cohen says, transparency and clarity are key.

Reputations can be built or destroyed from such situations. “Look at the very stereotypical, old-school workplace that you see in dramas like Mad Men,” says Cohen. “That kind of environment was ripe for discrimination and bullying – people didn’t want to speak out or, if they did, they felt they were in too much of a minority to be able to do so. But because it was in line with the thoughts of the day, it wasn’t perceived as bullying culture.”

The key is to be the opposite of that. “The people who work here all have a voice and as management we take our lead from others – communication and an open environment are essential.”

Employees feed comments upwards in terms of things they want to see, and managers feed back to help facilitate. “That way, there is no sense of ‘them and us’, or people feeling that they can’t come forward. If you do this well, people will feel they can talk to you.”

“A policy need not be over-elaborate,” says Tom Neil, senior guidance adviser at Acas. “Especially for small firms, it could be included in another personnel policy such as the disciplinary policy.”

Key points would include:

• a statement that bullying and harassment is unlawful;
• a commitment to take allegations seriously and to take steps to prevent bullying and harassment at work;
• examples of unacceptable behaviour;
• a statement that bullying and harassment may be treated as disciplinary offences;
• who an employee can contact or talk to if they believe they are being bullied or harassed;
• what support is available to staff.

Additionally, employers should seek to make their workplace more inclusive by raising awareness around equality and diversity, mental health and neurodiversity,” says Neil. A more informed workforce is less likely to make ill-considered comments, or do things that might amount to bullying or harassment.

Neil adds several key points for employers to highlight in their anti-bullying policy:

• what actions could amount to bullying and harassment;
• how they might arise in the workplace;
• emphasise that it is likely to lead to disciplinary action and potentially even dismissal.

But how are SMEs in particular affected by bullying claims? “It can go both ways,” says Cohen. An SME is potentially less likely to come up against a formal complaint as the people involved are more likely to know each other. “But the flipside is, if something does happen, the fallout is even worse because you are among friends.” This might stop someone coming forward, Cohen observes.

“In a very large company there can be a culture disconnect between what the board and executive staff say they want the organisation’s brand to be versus real life,” says Cohen. “In a smaller company, you can tell by the tone or the atmosphere how people are feeling.”

This may mean larger companies are more prone to claims in the first place, she says. “It’s really hard to get genuine, effective feedback and this can lead to a big gulf in understanding.”

Should SMEs handle such situations in a different way? “If you are really small, and everyone knows each other, and it’s a serious complaint, it could be worth getting an independent, neutral expert from the outside,” Suff advises.

“However, if the alleged behaviour is at the lower end of the scale, you can often resolve things informally. Sometimes people don’t realise that their behaviour is wrong, and pointing it out can solve it. It depends on the nature of the case, how serious it is and how it has affected the alleged victim.”

However small the organisation, it can follow the Acas code of practice on discipline and grievance procedures: informal resolution, then mediation.

In other words, while any case must be taken extremely seriously, it doesn’t necessarily have to end up in court if handled appropriately. Yet, this makes it even more essential that someone in the company takes responsibility. “Don’t brush it under the carpet; that will make things worse."

Acas offers a guide for employers on bullying and harassment (see Acas - Bullying at work). If facing a case, Acas can arrange for specialist advisers to make site visits and mediate. There is training on offer and a free helpline, 0300 123 1100. Also, a Code of practice on discipline and grievance procedures is available.

CIPD has good practice guidelines and advice on how to prevent, as well as respond to, bullying in the workplace (see Bullying and harassment: UK employment law). There are specific sections on sexual harassment and a factsheet on bullying at work.

Caba focuses on the individual rather than the employer, but useful information can be found at caba mental health. 

For a legal perspective and employers’ responsibilities, see GOV.UK: Workplace bullying and harassment.

Finally, are people more willing to step forward now than they used to be? “I’m sure the impact of movements like #MeToo, as well as increased media interest, have contributed to this,” says Suff. “But you can’t assume this is the case in every workplace – it’s a really uneven picture.” It is true that there is more awareness, Suff adds, and this could turn into more willingness to challenge behaviour as a result.

In the final analysis, for accountancy practices, reputation is all. It’s vital that companies have, and are seen to have, a zero-tolerance approach.