Bullying, harassment, victimisation: What's the difference?

In everyday language, bullying, victimisation and harassment can be used almost interchangeably to mean similar things.

But in the Equality Act 2010, victimisation and harassment have quite specific meanings - while 'bullying' doesn't feature as a legal term at all.

Harassment

Harassment may include bullying behaviour, and it refers to bad treatment that is related to a protected characteristic, such as age, sex, disability, race, gender, religion or sexual orientation.

More specifically, the law defines it as 'unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.'

It can include behaviour that individuals find offensive even if it's not directed at them, and even if they do not have the relevant protected characteristics themselves.

Victimisation

Victimisation broadly refers to bad treatment directed towards someone who has made or is believed to have made or supported a complaint under the Equality Act.

It includes situations where a complaint hasn't yet been made but someone is victimised because it's suspected they might make one.

If an individual gives false evidence or makes an allegation in bad faith, then they are not protected from victimisation under the Act.

Bullying

Bullying can be defined as offensive, intimidating, malicious or insulting behaviour, an abuse of misuse of power that undermines, humiliates, denigrates or injures the recipient (emotionally or physically) - but it doesn't have a legal definition in the Equality Act. In fact bullying behaviour is very similar to harassment, but it is not related to a protected characteristic.

That said, the absence of bullying from the statute books doesn't mean that people who are being bullied - rather than harassed - have no protections. Neither does it mean that bullies can get away with doing whatever they like as long as their behaviour is not concerning a protected characteristic.

Employers have a 'duty of care' for their employees. No good firm would want its people working in an intimidating, hostile or offensive environment.

In any case, organisations that don't act on bullying effectively are likely to see lower levels of performance, productivity and engagement, as well as increased absence and high staff turnover - all of which can damage the bottom line.

People who feel they are being bullied are usually advised to raise a formal grievance if the matter cannot be resolved informally.

Dealing with grievances internally can be costly in time and money, and sap morale among staff. A breakdown in mutual trust and confidence at work because of bullying could leave employers open to claims of constructive dismissal at an employment tribunal.

So it's in every employer's interests to promote a safe, healthy and fair environment in which people can work without fear of being bullied, harassed or victimised.

Equally it's also in an employer's interests to try and nip unwanted behaviour in the bud by dealing with matters quickly and informally, where they can, thereby protecting the working relationship.

What constitutes workplace bullying?

What constitutes workplace bullying? The most likely things that come to mind are threatening, abusive or patronising behaviours at work. Increasingly, these behaviours are reinforced by email or online work forums, and may even continue outside of work on social media sites.

Take a look at https://www.hrzone.com/lead/culture/anti-bullying-week-2017-stopping-the-timer-on-workplace-bullying or talk to your local steward as we are here for you.

Equal pay

Key points

Employers must give men and women equal treatment in the terms and conditions of their employment contract if they are employed to do:

• 'like work' - work that is the same or broadly similar
• work rated as equivalent under a job evaluation study (see: Recruitment)
• work found to be of equal value in terms of effort, skill or decision making.

Employees can compare any terms in the contract of employment with the equivalent terms in a comparators contract.  A comparator is an employee of the opposite sex working for the same employer, doing like work of equal value. However, an employer may defend a claim if they show the reason for the difference is due to a genuine factor and not based on the sex of the employee.

Employees are also entitled to know how their pay is made up. For example, if there is a bonus system, everyone should know how to earn bonuses and how they are calculated.

The Equality Act 2010 makes it unlawful to prevent employees from having discussions to establish if there are differences in pay. However, an employer can require their employees to keep pay rates confidential from people outside of the workplace.

The gender pay gap

The gender pay gap differs from equal pay as it is concerned with the differences in the average pay between men and women over a period of time no matter what their role is. Equal pay deals with the pay differences between men and women who carry out the same or similar jobs. For information on the gender pay gap and the forthcoming regulations on calculating it, see our Gender pay gap reporting page.

The equal terms can cover all aspects of pay and benefits, including:

• basic pay
• overtime rates
• performance related benefits
• hours of work
• access to pension schemes
• non monetary terms
• annual leave entitlements.

What to do if you think you are not receiving equal pay

An employee who thinks they are not receiving equal pay can write to their employer asking for information that will help them establish whether there is a pay difference and if so the reasons for the difference.

If an employee cannot resolve the problem informally or through the formal grievance procedure, they may complain to an employment tribunal under the Equality Act 2010 while still working in the job or up to six months after leaving the employment to which your claim relates.

Since 1 October 2014 employers who lose equal pay claims could be forced to conduct an equal pay audit and publish the results.

For more on the Equality Act 2010, see our Equality and discrimination section.

One in 10 council workers paid below the living wage

One in 10 council workers paid below the living wage, says UNISON​

One in ten council workers in England, Wales and Northern Ireland are paid below the living wage, according to an analysis from UNISON released today (Friday).

Ahead of the Living Wage Foundation’s living wage week, UNISON is calling on the government to fund councils so they can become living wage employers. If it did, it would lift more than 60,000 cleaners, library assistants, residential and home care workers and other local authority staff out of poverty, says UNISON.

The new living wage rates are due to be announced next week. They are currently £9.75 an hour in London and £8.45 in the rest of the UK. The bottom hourly rate in local government is £7.78.

UNISON head of local government Heather Wakefield said: “Poverty pay should have no place in local government. It is shocking that so many public service workers, who are providing valuable services to communities up and down the country, are paid so little.

“Their work and dedication needs to be recognised. Living wage week is the perfect opportunity for the government to lift staff out of poverty and ensure that work pays fairly.

“Over three-quarters of local government workers are women. Low pay is contributing to the growing gender pay gap.

“The Chancellor must come up with the cash in the Budget to fund a decent, above inflation, pay rise for all public service workers.”

handing out High 5s to safety

UNISON is celebrating European Health and Safety Week (23-29 October) by handing out High 5s to safety reps and branches who are out there doing all sorts of things to deliver healthier, safer workplaces for members. 

Whatever you are doing, no matter how big or small, tell us about it and we will:

• feature it on our Facebook page
• tweet it from our Twitter page (#HSHigh5)
• put it on our health and safety webpage
• feature you in a forthcoming issue of H&S Organiser.

We will also send you one of our ‘not to be missed’ UNISON goodie bags. So come on, tell us what you are doing to celebrate European Health and Safety Week and get a High 5.

Send information and pictures to: healthandsafety@unison.co.uk

Visit the UNISON European Health and Safety Week webpage

Advise on Managing staff experiencing mental ill health from ACAS

Managers deal with ill health on a regular basis. While they are usually confident in dealing with physical ill health, they may be less sure of how best to approach mental ill health. Yet it should be fairly similar, with a focus on how they can best support the team member back to work and/or to perform at their best.

The role of a manager

Managers play a crucial role for organisations that wants to encourage strong performance and support employee wellbeing. A manager should:

• be approachable, available and encourage staff to talk to them if they are having problems
• tailor their management style to suit the needs of each staff member
• monitor staff workloads, set realistic targets and be clear about priorities
• have regular one-to-ones and catch-ups to check on how work is going, identify upcoming challenges and what support may be required.

Spot the signs of mental ill health

The earlier a manager becomes aware that a team member is experiencing mental ill health, the sooner steps can be taken to prevent it becoming more serious and provide support to help them during this period.

A manager should never make assumptions, but signs of mental ill health can include:

• changes in usual behaviour, mood or how they interact with colleagues
• changes in the standard of their work or focus on tasks
• appearing tired, anxious or withdrawn and reduced interest in tasks they previously enjoyed
• changes in appetite and/or increase in smoking and drinking
• increase in sickness absence and/or turning up late to work.

Of course, not everyone who experiences mental ill health will exhibit obvious signs. So, it is important for a manager to regularly ask team members 'how they are doing' and create an environment where staff feel able to be open and honest about how they are feeling.

Encourage staff to develop their own Wellness Action Plans

Staff who have previously experienced mental ill health may find it beneficial to develop Wellness Action Plans that can be used to identify:  

• triggers, symptoms and early warning signs
• how mental ill health may impact performance
• what support they need from their manager.

The charity Mind has a practical guide on creating Wellness Action Plans. For more information, go to www.mind.org.uk and search for 'Wellness Action Plans'.

Talking to a team member who may be experiencing mental ill health

Knowing how to best approach and talk to a team member who may be experiencing mental ill health may seem difficult, and it can be tempting to avoid the matter.

However, it is much better to try to resolve concerns at an early stage and nip issues in the bud before they can escalate further or worsen. 

A manager who believes a team member may be experiencing mental ill health should take the lead and arrange a meeting as soon as possible to talk to the team member in private. The conversation should be approached in a positive and supportive way.

For help, download our tips on  Approaching a sensitive conversation regarding mental ill-health [141kb].

A manager should also be prepared for a team member to come and talk to them about their mental health. This can be very difficult for both the team member and the manager, so it is vital that the manager stays calm and patient, is supportive and offers reassurance.

A manager should:

• move the conversation to a private space, where they will not be disturbed (if not already somewhere appropriate)
• thank the team member for coming to talk to them
• allow them as much time as they need
• focus on what the team member says
• be open minded
• try to identify what the cause is
• think about potential solutions
• be prepared for the unexpected
• adjourn the meeting if it is necessary to think through what has been discussed before making a decision.

Acas offers Training courses for managers on having difficult conversations.

Managing a team member who may feel unable to talk

Of course, a team member may not want to talk about issues they are going through. A manager should not try to rush them or pressure them to talk. Instead, it may be best for a manager to simply ensure that the team member knows they are available at any time, to talk about anything.

A manager should then monitor the situation. If they continue to see and hear things that concern them, they may need to seek further advice and guidance from HR, senior management or Occupational Health.

Supporting a team member during periods of mental ill health

If a team member's mental ill health amounts to a disability, an organisation must consider making 'reasonable adjustments' to help them carry out their job without being at a disadvantage.

To understand more about what is likely to amount to a disability, see the Acas guide,  Disability discrimination: key points for the workplace [392kb].

However (whether it amounts to a disability or not), it makes sense for organisations to make changes that will help staff attend work and/or reduce the pressures on their mental ill health.

Usually small, simple changes to working arrangements or responsibilities will be all that are required. For example, allowing them to have more rest breaks or working with them each day to help prioritise their workload.

Any adjustment should only be made following discussion and agreement between the manager and team member on what might be helpful and what is possible. The team member will often know what support or changes they need. An Occupational Health referral can also help to identify adjustments that should be made.

A list of  Common adjustments for staff experiencing mental ill health [60kb]can be downloaded.

Once an adjustment has been agreed, a manager should document this. Any change should be regularly monitored and reviewed to check that it is providing the support required.

Supporting the rest of your team

When team members become aware that a work colleague is experiencing mental ill health they may find it distressing.

A manager should be prepared to support the team more than they usually would. This might include being around their team, and having catch-ups with each member on how they are doing. The manager should also make clear that they are available at any time to talk about any concerns or worries a team member may have.

Where an organisation has additional support services (such as mental health first aiders or employee assistance programmes), a manager should also promote these services so staff understand how they may benefit from using them.

Managing absence related to mental ill health

Sometimes staff experiencing mental ill health will need to be absent from work for a period of time. This may be because they are too ill to work or it could be because the medication they are on means they are not able to safely carry out their work. To support staff while they are away from the workplace, a manager should:

• agree when and how regular contact will be maintained during the absence
• be positive, professional and supportive at all times
• agree what the team member would like their work colleagues to know about their absence and how they are doing
• not pressure the team member to return to work before they feel ready
• encourage a phased return
• use Occupational Health where practicable to look at ways the organisation can support the team member return to work.

Maintaining regular contact is vital. Lack of contact can lead to misunderstandings, make the team member feel that they are not missed and make it much harder for them to return. Sometimes, it may be appropriate to arrange to meet up in a neutral venue away from the workplace to catch up.

An absent team member may request no contact, but it is important that a manager does not accept this. However, if the team member alleges that the manager has been a factor in their mental ill health, it may be preferable for them to stay in contact with another manager or HR.

Occupational Health can assess the team member and advise what adjustments could be made to help the team member return to work.

Many organisations have a contract with an Occupational Health provider. If your organisation does not, Fit for Work offers free occupational health assessments for staff who reach four weeks of sickness absence. For more information, go to www.fitforwork.org.

Helping a team member return to work

When a team member is ready to return to work, it is important to ensure that they feel supported and understand what will be expected of them on their return.

A manager should consider meeting them away from the workplace before they return to discuss their return and alleviate any concerns they may have.

A return-to-work interview should also be held once they do return. It provides a good opportunity to:

• welcome them back to work
• check they are well enough to return
• update them on any workplace news they may have missed while away
• discuss their absence
• discuss any worries the person has about returning to work
• confirm their working arrangements and what plans and adjustments are in place to support them in their work
• allow them to ask questions.

Approaching potential disciplinary or capability matters

Most staff who experience mental ill health will recover and return to being a valuable and productive member of the team. However on some occasions, even with adjustments in place, a team member's performance or conduct may warrant further action.

Before taking action a manager should consider whether:

• additional adjustments or further support may improve performance or conduct
• other lighter duties or a transfer to different role may be available.

If further action is necessary the manager must follow the organisation's procedures for handling these matters and ensure that a fair process is completed as set out in Discipline and grievances at work: The Acas guide.

Acas training courses

Acas has developed an e-learning course in conjunction with Mindful Employer on Mental Health Awareness for Employers.

Other courses include:

• Managing people
• Managing Absence
• Discipline & Grievance
• Performance Management

Further information is available from Acas Learning OnLine. Acas also runs practical Training courses to equip managers, supervisors and HR professionals with the necessary skills to deal with employment relations issues and create more productive workplace environments.

Further support for managers and staff

• Access to work - www.gov.uk/access-to-work - can provide advice and an assessment of workplace needs for individuals, with disabilities or long-term health conditions, who are already in work or about to start. Grants may also be available to help cover the cost of workplace adaptations.
• Business in the Community - www.bitc.org.uk - is a network that provides toolkits on Mental Health, Suicide prevention and Suicide postvention to help employers support the mental health and wellbeing of employees.
• Mind - www.mind.org.uk - is a leading mental health charity in England and Wales. It provides information and support on how to improve mental health.
• Mindful Employer - www.mindfulemployer.net - is a UK-wide, NHS initiative. It is aimed at increasing awareness of mental health at work and providing support for businesses when recruiting and retaining staff.
• NHS choices - www.nhs.uk/livewell/mentalhealth - has a website that offers information and practical advice for anyone experiencing mental ill health.
• Remploy - www.remploy.co.uk - offers a free and confidential Workplace Mental Health Support Service for anyone absent from work or finding work difficult because of a mental health condition. It aims to help people remain in, or return to, their role.
• Rethink Mental Illness - www.rethink.org - is a voluntary sector provider of mental health services offering support groups, advice and information on mental health and problems.

How do you motivate your staff?

Why engaging staff is about more than funky furniture and ‘faux fun’

By Cath Everett @ http://www.personneltoday.com/hr/engaging-employees-funky-furniture/

Peer 1 in Southampton boasts a slide and even a pub, but does that automatically mean employees are happier?
Solent News/REX/Shutterstock

Forget office slides and ping pong tables, employee engagement should be nurtured via long-term enrichment, according to the founder of customer loyalty company Avinity. Cath Everett reports. 

Employers are doing all kinds of weird and wonderful things in the name of employee engagement. US tech giant Google with its “chief happiness officer” and slides installed between office floors to make moving around more “fun” is a case in point.

Even in the UK we have web-hosting provider Peer 1 Hosting offering such delights as a tree house, a pub, a pool table and green helter-skelter slide in a bid to unleash creative energy and boost motivation.

But Rupert Poulson, founder and chief executive of Avinity, which specialises in customer loyalty programmes, is sceptical about the long-term benefits of such initiatives.

He says that one of the most important factors in engagement actually relates to internal employee happiness rather than external stimuli.

This means, in the same way that buying children a lollipop will please them for a few minutes, “faux fun” will have equally short-term benefits.

“To have the resources and enthusiasm to be engaged at work, employees have to feel happy in themselves, so it’s not just about the nine-to-five,” he says.

“A happy life is about feeling enriched by your daily experiences, having a balanced lifestyle, meaningful connections with others and positive wellbeing both inside and outside of work.”

He adds this means that helping staff members to “live a better life” can be a positive starting point from which to build true engagement.

Human motivation

These insights have been hard won. A couple of years ago, Poulson says he had become stressed. His diet was poor, he had no time to catch up with friends and everything was focused around work.

This situation led him to read extensively about human motivation and behaviour, which in turn brought him to an understanding of the importance of happiness in making people feel positive, empowered, enthusiastic and energised.

Poulson says: “The aim is also to is also to nudge employees into new behaviour because each challenge can promote a sense of pleasure and help them to enjoy new experiences.”

All of these ingredients, he adds, make opening the door to engagement much more likely.

As a result, he decided to develop a social engagement platform to put such ideas into practice. AvinityAlive, which was launched in spring this year, provides employees with more than 1,000 purely optional personal, philanthropic and community “micro-challenges” to help enrich their lives, both at work and beyond.

These challenges, which can range from undertaking random acts of kindness to swapping unhealthy for healthy snacks for 30 days, are customised to fit in with a company’s own values (such as promoting volunteering) and requirements such as bringing disjointed teams together following an acquisition, for example.

“The benefit for HR is that the entire company can start living and breathing the corporate values connected to the challenges, when traditionally so many have been left in the boardroom,” Poulson says.

“The aim is also to nudge employees into new behaviour because each challenge can promote a sense of pleasure and help them to enjoy new experiences.”

A second element of the platform consists of a social wall. It enables staff to create their own community by posting blogs, photos and videos about the challenges they have undertaken.

“It’s about ensuring people feel listened to and providing a positive place to hang out, which plays a big part in helping them feel connected to each other and the company,” Poulson says.

The focus of the social wall is on completing challenges – “There’s no room for negativity”, he adds.

Peer-to-peer rewards

The final component of the system consists of peer-to-peer rewards and recognition functionality.

This enables employees to thank colleagues for the helpful or impressive things they have done, particularly as they relate to company values, and post their messages to the social wall.

Reward points are earned when a challenge has been completed or recognition has been received and they are added to a “value pillar” on each employee’s dashboard. Once it is full and the completed challenges are verified, staff can then redeem their points for the rewards of their choice.

“In most schemes, it’s managers who do the recognition, but in today’s world, it should be less about control and more about recognition from the bottom up, which enables everyone to get involved,” Poulson says.

“Also because this isn’t a forced, unnatural form of engagement, it means that HR isn’t having to come up with fresh reward and recognition schemes all the time.”

The white-label, cloud-based system is customised to meet the requirements of each client, which pays an initial set-up and per-employee subscription fee.

Poulson concludes: “It takes courage to hand a platform over to staff and say ‘here you go’, but it really does build trust and employees appreciate that.

“By enabling people to be genuine and transparent rather than forcing them to have faux fun, engagement just occurs naturally from the ground up.”