I own a retail business: How to deal with bullying complaint?

[krissovo]

With respect, I'm not sure that you really know what you are talking about here, otherwise you would not say that a two-years-old ongoing bullying case is "low risk" for the employer.

No problem you are entitled to your opinion.

I beg to differ but it is not an "ongoing bullying case" if no one has reported it. The company has a bullying policy and procedure and the employees have been given the option to use that facility. They have declined so that makes it low risk IMO. What is wrong with talking to the accused before getting expensive HR consultants in?

 

[Complainer]

Not many small businesses have an anti-bullying procedure and many of those that do simply paid to have one put in place so that they had one in place. That may not be the way it should be but lack of time and lack of the appropriate skill-set often mean that theory and practice don't match.
I would not say the complaints have been made, I'd say that I have noticed the behaviour and can see the effect it is having.

If I ran a shop or business where I was hands-on and employed 10 people an anti-bullying procedure would be the last of my worries.

The OP has indicated that there is indeed an anti-bullying policy in place, and it doesn't provide cover for anonymous complaints, presumably for good reasons. The OP was quite ambiguous about his personal experience of the bullying. He states that "I know that the bullying is taking place" but is not clear about what he has personally seen or witnessed.

It would be a huge mistake to raise these issues with the employee unless he has direct personal experience of the behaviour, or he has an 'on the record' complaint from someone who has.

 

[AgathaC]

I agree with the posters who suggest getting professional advice on how to proceed in this situation. It is important that it is dealt with in the proper manner. I would suggest seeking advice as quickly as possible as if there is bullying in the workplace it creates a very bad atmosphere, unnecessary stress, and be very demotivating. You could also lose good staff by not dealing with the situation.

 

[Diziet]

Note that most bullying policies recommend trying to resolve issues informally. The employer has a responsibility to do this, as ignoring it will mean that the issue escalates. If the issue escalates, then either the complainant or the bully end up losing their jobs and the atmosphere is poisoned for everyone (let alone the psychological stress for the individuals concerned). If the complainants want to stay anonymous for now, this does not exclude the possibility of informal discussion and/or the employer keeping a close eye on events and voicing their opinion on unsuitable behaviour.

At the point this becomes a formal complaint, everybody loses. A sensible employer will take steps way before that point.

 

[Purple]

The OP has indicated that there is indeed an anti-bullying policy in place, and it doesn't provide cover for anonymous complaints, presumably for good reasons. The OP was quite ambiguous about his personal experience of the bullying. He states that "I know that the bullying is taking place" but is not clear about what he has personally seen or witnessed.

It would be a huge mistake to raise these issues with the employee unless he has direct personal experience of the behaviour, or he has an 'on the record' complaint from someone who has.

I disagree. Diziet puts it very well;

Note that most bullying policies recommend trying to resolve issues informally. The employer has a responsibility to do this, as ignoring it will mean that the issue escalates. If the issue escalates, then either the complainant or the bully end up losing their jobs and the atmosphere is poisoned for everyone (let alone the psychological stress for the individuals concerned). If the complainants want to stay anonymous for now, this does not exclude the possibility of informal discussion and/or the employer keeping a close eye on events and voicing their opinion on unsuitable behaviour.

At the point this becomes a formal complaint, everybody loses. A sensible employer will take steps way before that point.

I agree.

 

[Complainer]

I disagree. Diziet puts it very well;

The two suggestions aren't mutually exclusive. Informal approach may work, if the employer has first-hand experience of the problem behaviour. If he is relying on the 'off-the-record' complaints, I don't think it makes a lot of sense to go in with 'I hear that you're up to a bit of bullying'.

 

[WaterSprite]

If people are asked whether they want to instigate a formal process against an alleged bully, often they will decline. However, I believe that OP should not take this desire into account at this stage. It may be one thing if only one person complained of a one-off incident but, as there have been 5 complaints, it brings the situation into an entirely different realm.

Think of the comparison to a crime- you can report a crime to the gardai and then it's out of your hands - you can't then decide not to proceed with a case. This is the way I think OP should address this - take it out of the hands of the bullied employees and take a strong stand. There is a greater good here: the maintenance of a safe and productive workplace. If someone is destroying that, then OP should act. There are also potential legal implications - OP has not stated that his/her actual policy prevents an employer acting on an anonymous complaint and I'd imagine that it doesn't specifically mandate that complaints must remain anonymous if requested (although most policies do say that confidentiality will be observed, which is an entirely different thing). OP has a positive obligation to prevent and address bullying in the workplace; what his/her policy says about it is purely the process that happens to be used to back up this positive and basic obligation.

There will be a number of different "policies" at work here: (i) a prevention of bullying statement (ii) a grievance procedure (which complaining employees can trigger if they have a problem), which links into (iii) a disciplinary policy, which will apply to the alleged bully if the claims are substantiated. The alleged bully needs to be able to address charges made against her and, to do that, it is normally necessary to identify the complaining employee.

OP, my advice to you is to meet with the complaining employees and tell them that, as this matter is so serious, you cannot guarantee their anonymity and that you will be addressing their issues. Then meet with the alleged bully and present the case to her and see what she has to say. You may need another meeting to resolve discrepancies after that but, on the basis of those two meetings, you will have enough information to decide whether to instigate the disciplinary process or not. You seem to care very much about the working atmosphere at your workplace - take the bull by the horns and protect it. I believe your employees will thank you for taking this course of action, regardless of their prior requests for anonymity.

All the best
Sprite

 

[Purple]

The two suggestions aren't mutually exclusive. Informal approach may work, if the employer has first-hand experience of the problem behaviour. If he is relying on the 'off-the-record' complaints, I don't think it makes a lot of sense to go in with 'I hear that you're up to a bit of bullying'.

I didn't say that the OP sould go with 'I hear that you're up to a bit of bullying'. Read my post again.

 

[cruchan09]

For what it's worth this is my advice, and I deal with bullying and harassment claims on a regular basis in the public service. It's based on my experience of dealing with victims, perpetrators and the various statutory authorities. Take it as you will.

You know bullying is taking place or is perceived by the victims to be taking place so you must do something about it, otherwise you will have no valid defence if you end up in front of a labour court judge / rights commissioner or in a worse case scenario a judge in a civil court if a 'bullied' member of staff decides to take a civil claim for injuries associated with bullying against you. Whilst I understand that you cannot do anything concrete about anonymous claims of bullying or bullying claims that staff members will not follow through it could be conceivably argued that there is a culture of bullying in your company given the history outlined and you are doing little to deal with the issue. I would strongly advise against any sort of one on one chats as these can be construed in themselves as harassment or bullying.

At this stage I would suggest that the company engages an external consultancy to review the existing and if necessary develop an updated bullying policy (this shows continuous review of your existing documents in light of complaints). To compliment the new document training sessions for all staff (separate for junior staff and managers) should be undertaken in the contents and purpose of the new document (this often frightens bullies into realising that their behaviour will no longer be tolerated). Using an external consultant has a cost but this can be justified as this approach it makes staff aware of their duties without personalising the issue; you can be confident that if you use a reputable company you will get good advice; also you are spreading the risk so if in the event that your new policy is deemed to be a problem in any future bullying case and you loose a case you can (subject to specifics) sue the consultants under their PI insurance. Also if you use an in-house resource to rewrite the policy it will most probably be ignored!

Finally document absolutely everything in your own personal records.

 

[WaterSprite]

Whilst I understand that you cannot do anything concrete about anonymous claims of bullying or bullying claims that staff members will not follow through it could be conceivably argued that there is a culture of bullying in your company given the history outlined and you are doing little to deal with the issue. I would strongly advise against any sort of one on one chats as these can be construed in themselves as harassment or bullying.

I don't agree that OP cannot do anything about the bullying claims - it is not up to the staff members to follow through on this - it's up to OP. The deliberate choice to instigate a grievance procedure by a bullied staff member is not a prerequisite to OP implementing the bullying procedure. Also, what makes a one-to-one chat (although I'd do it more formally) with the alleged bully harassment or bullying? The fact that the complaints are anonymous? Or the fact that the bullied employees don't want to trigger the grievance procedures themselves? A complaint has been made to OP, OP should act on this and should disregard requests for anonymity as it would be unfair (and against the principals of natural justice) to present the alleged bully with anonymous complaints. This is really the only viable way to deal with this issue.

Many people have advised peripheral and indirect ways to address this issue - like having a company-wide meeting to talk about bullying generally or getting in outside help to do something similar. While getting in outside help may be useful, I think it will only be useful to do something that OP should do him/herself - and that is to address the bullying allegations and see if they can be substantiated.

OP needs to directly deal with the issue and treat this as a normal complaint of bullying. Take away the anonymity question and actually grasp the nettle. It's the only way.

Cruchan, I respect your experience but you yourself have said that OP needs to actually do something here. To my mind, merely re-advising people of the policy is not going to put an end to the bullying. Also, having an avenue to sue someone under their PI insurance if they screw up the reiteration of the bullying policy is not a solution, it's just a remedy. Bullies will usually be well aware of relevant policies but will be willfully blind to the fact that their behaviour falls into the category of bullying. There is no reason that OP should not bring these allegations (without anonymity) to the alleged bully directly and to listen to the response/defence to see if the claims can be substantiated.

OP hasn't posted since the initial query and I'm curious as to what his/her thinking is on this having read the thread.

Sprite

 

[WaterSprite]

One other thing that occurred to me - the complaints themselves are not actually anonymous; named individuals have made them. It would be a different story if there was an unsigned note left on OP's desk saying "mary bullies me" or something written on a toilet wall or something but this is not the case here.

And I'm going to contradict myself here in that, depending on the allegation, OP does not have to tell the alleged bully who said what. If e.g. in a sexual harassment context, someone reported that an employee was watching porn in the office, an employer could just put that to the employee and ask for a response. Equally, sometimes someone can report bullying of another staff member and the employer can ask the alleged bully about the circumstances reported. In any case, my advice is the same - for OP to face up to the issue. OP may have to identify the complainers to the alleged bully in order for her to address the allegations - if the alleged bully cannot effectively address the allegations without the complaining employees being identified, then OP should disregard their request for anonymity.

Sprite

 

[cruchan09]

I don't agree that OP cannot do anything about the bullying claims - it is not up to the staff members to follow through on this - it's up to OP. The deliberate choice to instigate a grievance procedure by a bullied staff member is not a prerequisite to OP implementing the bullying procedure.

I agree, bad choice of words by me. What I meant is that it is difficult for him to make investigations into specific claims if anonymity is requested. As you say the onus is on the OP to do something but I would be very mindful of the fact that by addressing a specific bullying complaint against an individual staff member to ensure natural justice / fairness you would have to give the alleged bully details of the complaint which would allow him/ her to identify the victim. Also the bully has the option to use witnesses to any specific events to provide evidence on their behalf which can lead to further staff members having details of the 'anonymous' complainant. In my experience this does not go down too well with either the complainant or any person adjudicating on the case. In such a case the complainant could claim victimisation.

Also, what makes a one-to-one chat (although I'd do it more formally) with the alleged bully harassment or bullying?

Depends on what you r definition of a 1-1 chat is. If it’s a discussion between senior manager and alleged bully following adequate notification to alleged bully and the provision in writing of alleged complaints with the presence of a third party nominated by the ‘bully’ then it would be ok. If it’s a senior manager who calls in a junior staff member and says you’re a bully then you have a problem.

Many people have advised peripheral and indirect ways to address this issue - like having a company-wide meeting to talk about bullying generally or getting in outside help to do something similar. While getting in outside help may be useful, I think it will only be useful to do something that OP should do him/herself - and that is to address the bullying allegations and see if they can be substantiated.

OP needs to directly deal with the issue and treat this as a normal complaint of bullying. Take away the anonymity question and actually grasp the nettle. It's the only way.

Whilst it sounds like the logical thing to do, logic goes out the window if you have two ‘victims’ – one alleged victim and one alleged bully. The OP has to cover their own ass and that of the company and the only way to do that is to be painfully pedantic in their approach and ensure that they do everything by the book.

Cruchan, I respect your experience but you yourself have said that OP needs to actually do something here. To my mind, merely re-advising people of the policy is not going to put an end to the bullying.

It is an appropriate response to a bullying report that cannot be substantiated due to the anonymity of the victim.

Also, having an avenue to sue someone under their PI insurance if they screw up the reiteration of the bullying policy is not a solution, it's just a remedy.

This is not the reason to engage a consultant, just an additional positive to doing so. Risk transference in HR matters is a well used risk management policy.

Bullies will usually be well aware of relevant policies but will be willfully blind to the fact that their behaviour falls into the category of bullying.

All the more reason for retraining.

OP hasn't posted since the initial query and I'm curious as to what his/her thinking is on this having read the thread.

Me too.

We have different views on this, perhaps mine is skewed by the fact that my experience is (for the most part) in the public service who are in my experience are much quicker than the private sector to make unfounded bullying allegations against co-workers for the slightest of things. For example where I work it is common practise to start making complaints about exclusion, bullying and harassment against your manger when you know that you are either eligible to apply for promotion or if a more senior position becomes vacant. This is so that in the event that you don’t get your promotion or new job you can say that it fits into the pattern of bullying against you. Similarly you will find that many managers will actively encourage the promotion of such persons out of their department to get rid of them. It is common knowledge where I work that the best way to get promoted is to be very bad at your job / such a big pain in the ass that you are actively shifted out (and up) into someone else’s department by your boss. Perhaps this explains the seniority of some of the idiots I work with.

 

[sesame]

Thank you all for the great feedback. Unfortunately I am probably still as confused as ever.
I am quite aware that I have to act on this but my biggest concern is that my actions could be construed as constructive dismissal. E.G. If I bring her in for a chat and tell her that I have 5 complaints against her. I might as well be saying that everyone hates her. She then decides that she can't work here anymore and it ends up costing me alot of money.
My feeling at the moment is that I should bring her in for a chat along the lines that "I" have noticed a bad atmosphere in the department and want to clear the air. "I can see that certain employees seem to be under pressure"
If that does not work then my next action will be to bring in professional help.

 

[Complainer]

My feeling at the moment is that I should bring her in for a chat along the lines that "I" have noticed a bad atmosphere in the department and want to clear the air. "I can see that certain employees seem to be under pressure"

Is this view based on your own personal observations, or on the reports that have been made to you?

 

[WaterSprite]

Thank you all for the great feedback. Unfortunately I am probably still as confused as ever.
I am quite aware that I have to act on this but my biggest concern is that my actions could be construed as constructive dismissal. E.G. If I bring her in for a chat and tell her that I have 5 complaints against her. I might as well be saying that everyone hates her. She then decides that she can't work here anymore and it ends up costing me alot of money.
My feeling at the moment is that I should bring her in for a chat along the lines that "I" have noticed a bad atmosphere in the department and want to clear the air. "I can see that certain employees seem to be under pressure"
If that does not work then my next action will be to bring in professional help.

Putting actual complaints to someone that you don't believe are frivolous will not support a constructive dismissal claim. Put specific examples that people have told you to her, and ask her for her side of the story. This first step is an investigation into whether the claims can be substantiated, not to present her with the fact that no-one likes her. This is a diplomatic process, to be sure, but one where, if it's done properly, works all round and will not leave you with any exposure to liability. In fact, being more general about the situation would be less constructive than actually telling her of the specific circumstances and behaviour that have been the subject of a complaint.

If you don't want to discuss the specific circumstances, I would advise against the type of meeting you propose and bring in outside help straight away. I'd probably use a HR consultant for this. I've been lucky to work with some great HR people and, when something like this is done properly, it really is an admirable thing to see. Your brief to the outside help will be important and you should document what information you have given them - you do not want to pre-empt the conclusions of the investigation.

A more economic alternative is to sit down yourself with a HR consultant or HR lawyer and get some advice as to how to handle this yourself. I can imagine that this is causing you stress, as well as your staff and, the sooner you deal with this issue, the sooner all can get back to work without this cloud hanging over you all.

For what it's worth, I think you should meet with her and say that there have been a number of complaints about her behaviour that some have felt bullied or undermined on those occasions. Explain to her that, because of the importance of the bullying policy in the workplace, you have to investigate these claims. Then put the specific circumstances of each claim to her and ask her for her interpretation of what happened. Say that you are aware that there are two sides to each story and that she is there to give you her side, but that you are under a duty to investigate the claims since they were brought to you. Until things are sorted out, ask her not to discuss the claims with anyone else. Once this initial meeting has been held, you will have more information at hand to see if the claims are valid and if they should be acted upon. Don't forget that, even if the claims are substantiated, it may not be enough to dismiss her, so approach this with a view to making everyone happy, rather than as the start of a process to fire her. It may be that she just needs to see that specific behaviour is not acceptable and that she will work on improving her attitude. Make it clear to her that it is *you* who is demanding a change in attitude (rather than her workmates) and that she is responsible to you. Deflect her attention away from viewing her workmates as being the antagonists and make it between you (her manager) and her.

Sorry for the long post - it's difficult to give proper advice over an internet forum and ultimately it may be better for you to call someone to chat through things properly before you sit down at a meeting with her. It's good to work out a script beforehand so that you pitch the problem in the right way.

Good luck
Sprite