Bullying, Harassment & Dignity at Work

Within the workplace context, the Employment Equality Act 1998-2015 defines harassment and as “unwanted conduct” which may take the form of:

• Spoken words

• Gestures or the production and display of written words

• Pictures and other material

• Offensive gestures or facial expressions

• Unwelcome and offensive calendars, screen-savers, e-mails and any other offensive material in relation to any of the above characteristics.

Harassment is further defined as that which, “has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person”.

Sexual harassment is defined as “unwanted verbal, non-verbal or physical conduct of a sexual nature”.

Bullying or harassment may be instigated by any member of staff, a customer, or business-related contact of any type (e.g. suppliers and third-parties).

There are a number of statutory provisions and codes that provide protection and guidance for employees from bullying, harassment and sexual harassment in the workplace.

The Employment Equality Act 1998-2015 (the Act) places a duty on employers to prevent bullying and harassment.  The Act provides protection for employees who have been the victims of harassment and / or discrimination at work in relation to any of the following grounds:

• Age

• Civil status

• Disability

• Family status

• Gender

• Membership of the Traveller community

• Race

• Religious belief

• Sexual orientation

Employees who have been harassed due to any of these grounds may be eligible to make a claim for compensation to the Workplace Relations Commission ("WRC").

The Code of Practice for Employers & Employees on the Prevention and Resolution of Bullying at Work, which came onto effect in December 2022, replaces the two previous codes which had set out the employers obligations in relation to workplace bullying and both employers and employees obligation in relation to the prevention and resolution of workplace bullying.

The Code defines bullying at work as: “repeated inappropriate behaviour, direct or indirect, whether verbal physical or otherwise, conducted by one or more persons against another or others, at the place of work and / in the course of employment, which could be reasonably be regarded as undermining the individuals right to dignity at work.”

Apart from setting out what is and what is not harassment and bullying at work, the Code gives guidance on the management of bullying, its prevention, the need for protective measures and the role of a contact person. It also provides guidance on the employer’s obligation to provide a policy of investigation including a formal policy

The Code goes on to describe bullying as “seriously negative, targeted behaviours” which “undermine an individuals esteem and standing in a harmful and sustained way”.