Industrial action

Over the past year there have been a number of examples of unions organising industrial action to respond collectively to management bullying when all else has failed.

In March 2013 BBC NUJ members went on strike together with technicians and other members of broadcasting union Bectu over compulsory redundancies, excessive workloads and bullying and harassment within the corporation.

Two months later, in May 2013, the Dinah Rose Respect at Work Review outlined a series of measures intended to improve workplace culture and to eradicate bullying at the BBC. NUJ general secretary Michelle Stanistreet, welcoming the report, said that “bullying has become an institutionalised problem at the BBC, one that has taken hold over many years. The report’s findings underline the fear factor that exists, particularly for those staff on freelance and short-term contracts, who know that speaking out and rocking the boat could damage their career prospects. Many see that bullies have been allowed to get away with shocking behaviour right under the noses of senior management, so have no faith that complaining will bring any redress.”

The report, based on research and evidence compiled by external agency Change Associates and overseen by QC Dinah Rose, highlighted a number of problems within the BBC that have led to bullying and harassment. These include:

• a lack of trust in management and a lack of faith in HR to act fairly and independently;

• a culture where inappropriate behaviour has gone unchallenged and becomes normalised;

• a power dynamic where junior staff feel too scared to complain;

• examples of a wide spectrum of inappropriate behaviour;

• a perception that policies support management and are not genuinely independent;

• the impact that the Delivering Quality First (DQF) process has had on staff.

As part of a package of changes designed to improve workplace culture, the report’s recommendations include the introduction of:

• significant changes to management training;

• revision of the bullying and harassment policy;

• confidential helpline for staff;

• independent panel for complaints;

• deadline aim to conclude cases within 30 days;

• expert mediators; and

• monitoring and publicising of bullying and harassment cases.

Members of the teaching unions NUT and NASUWT have also taken strike action over bullying at a number of schools. Teachers and other staff at Littlehampton Academy took strike action after months of complaining about “excessive micro-management” and “bullying”. And at Alec Reed Academy in Ealing, London, unions and governors reached a working agreement after ACAS talks in March followed three days of strike action in protest at workload issues and management bullying.

Unions have campaigned for many years for a change in the law to make workplace bullying a specific offence. A Dignity at Work Bill has twice gone through the House of Lords but the last government was not in favour of legislation and refused to give it time in the House of Commons. Instead, a government-funded investigation into workplace bullying, headed by general union Unite, worked with some of the biggest employers in the UK to draw up guidance on dealing with bullying. The employment relations service Acas has also produced a guide to bullying which safety reps can use to negotiate policies and the Health and Safety Laboratory (HSL), part of the HSE, has published a detailed review of research on bullying.

Several unions have been very active in addressing this issue through collective bargaining. For example, the CWU signed a national agreement with the Royal Mail and the Equal Opportunities Commission (now the Equality and Human Rights Commission) after high levels of bullying and harassment at Royal Mail led to intervention by the Commission. The agreement includes a harassment and complaints procedure, independent investigators to handle formal complaints of harassment, a rolling survey of staff views and an extensive training programme for all workers and management. The union runs a national CWU Harassment helpline and supports branches via a Harassment Advice Network.

Restrictions on the ability of workers to access the employment tribunal to enforce individual employment rights, especially the introduction of fees, are likely to result in an escalation in collective responses, both organised and unofficial, and a diminishing reliance on individual rights.