As many Irish employers will already know, bullying-related claims (many of which also involve a stress-related injury aspect) have cost Irish employers very dearly. In a recent Irish example, a household computer software brand was ordered to pay a six-figure sum to a former employee who alleged bullying and consequential stress.

Bullying-related claims, by their nature, require careful handling and management by the employer. Stress-related claims, combined with allegations of bullying or harassment, are in a class of their own and both pose many traps for the unprepared employer.

Claims of bullying that are handled inappropriately can have devastating consequences across a number of fronts. They can negatively impact on morale, become an undue call on scarce and precious management time and resources, expose the business to potentially damaging publicity, expose the employer to a claim by the individual alleging bullying, and potentially even to a claim against the employer by the alleged bully.

Based on our years of experience, we believe that all employers should start to assess their state of preparedness by giving careful consideration to the following questions.



Do you have in place appropriate systems and policies designed to ensure that bullying does not occur or that, if it does, you are made aware of it so you can deal with it appropriately?

If the answer is no, then, in our experience, your business is exposed to potentially very serious and costly risks.



If bullying occurs, do you have appropriate policies and systems in place to deal with it?

If you don't have an appropriate policy (and a smashing policy simply kept in a desk drawer somewhere won't do it!) that complies with your obligations to both the alleged victim and the alleged bully, you are likely to find yourself in unnecessary difficulties if a bullying claim is made.

The manner in which you investigate and ultimately deal with allegations of bullying will be driven by your policy, in particular. As your policy is your 'road map', it is of critical importance and should be monitored and updated on a regular basis if you want to avoid ultimately leading your business down an expensive cul de sac.

Is your policy up to date with, for example, current best practice for the conduct of investigations and hearings arising from allegations of bullying?



Do your employees know of the existence of the policy, the fact that bullying is not acceptable, and the steps they should take if they have a bullying-related issue?

If not, your systems and procedures are not part of the culture of your business and your potential exposure is also likely to be great. Having a paper policy only is not sufficient discharge of your obligations as employer.



Are your staff who have responsibility for investigating or dealing with allegations of bullying appropriately trained in and aware of the issues they will need to address?

The obligations of those concluding investigations and/or holding disciplinary hearings are continually evolving. Blindly following an inappropriate policy is as dangerous, from an employer's perspective, as not following the terms of an appropriate policy.



How we can help.

Any member of our employment team would be delighted to work with you to ensure that the publicity you generate is not as a result of an unforeseen (but foreseeable) bullying issue in your workplace. Let us review your 'road map' to ensure that when you travel this road (as you are likely to, at some stage), the road is safe and clear.

For further information please contact Hugh Garvey.