Representing a member accused of bullying

Many of the points outlined above apply equally if you are asked to represent a member accused of bullying or harassment. In particular:

• Offer support and reassurance — remember there are two sides to every story.

• If necessary, ask for help from a more experienced rep.

• Investigate what occupational health provision or counselling is provided by the employer.

• An accusation of bullying or harassment, if upheld, can have very serious disciplinary consequences, including suspension, forced relocation and summary dismissal. You can find up to date guidance on supporting members in the LRD booklet Disciplinary and grievance procedures, 2012.

• Too often, employers who find evidence of bullying or harassment use draconian punishments such as summary dismissal in order to demonstrate their commitment to zero tolerance, without making sure the response is appropriate to the offence. Acas says that punishments should be proportionate. Reps can play a valuable role, in particular by discussing options with the member, and highlighting to the employer a member’s willingness to learn and change their behaviour.

DONT’S:

• No matter how difficult it becomes to put up with the behaviour, reps should strongly advise the member to avoid the temptation to take to social media (for example, Facebook) to discuss either problems at work, or work generally. Union reps’ caseloads are increasingly full of examples of staff facing disciplinary action for Facebook use. The fact that settings are “private’, or that the employer or the bully are not identified by name, will not mean that disciplinary action will not be taken. For more guidance, see LRD’s guide to representing members facing disciplinary action for misusing social media Social media, monitoring and surveillance at work — a practical guide for trade unionists www.lrdpublications.org.uk/publications.php?pub=BK&iss=1604

• Advise members to avoid making personal use of the employer’s email system, and in particular, avoid using it to share stories of bullying and harassment with workmates. Email traffic and computer use is likely to be monitored by many employers, and emails disparaging the bully to colleagues, where picked up, are likely to have disciplinary consequences, no matter how badly the bully is behaving.