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According to data supplied by the law firm Fox & Partners, employment tribunals involving allegations of bullying went up by 44 per cent – from 581 to 835 – in the last 12 months. During the pandemic, the claims briefly reduced.

Fox & Partners also found that virtual working created difficult to identify patterns of bullying such as cutting remarks made on video calls, which are problematic to address; deliberately leaving colleagues out of remote meetings and using messaging apps to gossip during colleagues’ presentations.

The law firm added that whilst organisations are finding it a struggle to recruit new staff, a bullying culture could mean that they lose crucial talent.

Ivor Adair - Partner at Fox & Partners - stated:

“Tackling workplace bullying is no easy task, particularly in changing work environments. The record number of bullying claims is a worrying sign that some leadership teams have struggled to maintain healthy workplaces during the shift to hybrid working.”

He then added that senior managers must detect and address problems at all levels before conflict escalates - advising:

“Employers should consider a suite of techniques that will effect lasting change, such as coaching, or more structured supervision and pastoral care programs.”

Other recommendations that emerged from the research were encouraging more effective and varied methods of communication and giving senior staff training with guidelines on how to provide feedback to avoid misinterpretation.

Ivor Adair added:

“Employers must also be willing to enforce company policies to protect and support colleagues at risk, if workplace cultures are to be improved.”

Rebecca Holt - Co-Founder and Director of Working Mindset - said it was the responsibility of managers and leaders to create psychological safety in workplaces “because their position of power naturally impacts their ability to speak up.”

She added:

“Leaders need the skills to invite opinions, ideas and challenges.”

Rebecca Holt also pointed out that leaders carry the tasks of ‘making people feel included, making people feel safe to learn, making them feel safe to contribute and challenge the status quo without fear of being embarrassed or punished in some way.’ 

Alan Price - CEO of BrightHR - remarked that employers’ failure to deal with bullying issues could be seen as them not complying with their duty of care towards employees - which could then result in employment tribunals.

He stated:

“While it isn’t possible to bring a claim directly to an employment tribunal on the grounds of bullying, if the behaviour relates to one of the protected characteristics, then an employee can make a claim of discrimination under the harassment provisions.”