As the face of technology changes, it has brought with it the possibility of bullying to take place through emails, blogs and social media networking site. Cyberbullying has the same negative impact on the targeted employee, emotionally and/or psychologically, which in turn affects their morale, performance and productivity.
Employers owe a duty of care to their employees to ensure that they are working in a safe and nurturing environment, which means that reasonable steps should be taken to prevent bullying and harassment, in whatever platform it takes place.
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Managing Cyberbullying:
Most employers will have a Bullying and Harassment Policy in place but it is important to realise that, the more effective way is to ensure that the behaviour is also managed through ancillary polices such as:
- Social Media Policy
- IT, Communications and Monitoring Policy
- Data Protection Policy
- Mobile Phone Policy
- Disciplinary Policy and Procedures
- Grievance Policy and Procedures
The Bullying and Harassment Policy should address cyberbullying in the workplace and also outside of the workplace and should be enforced fairly and consistently across the board regardless of the organisational chain of command. All staff should be aware of the relevant policies and training should be provided and recorded. Staff should not be in doubt of what is acceptable regarding content and what the applicable sanctions would be.
Most employers will have an IT, Communications and Monitoring Policy that enables them to check emails and social networking sites if allegations of cyberbullying are alleged. Monitoring should not come as a surprise and the policy needs to ensure that monitoring obligations are quite clear. All monitoring should be compliant with all GDPR and the Data Protection Act 2018.
A failure to Address Allegations:
Where protected characteristics are applicable, the affected employee can bring a claim for harassment and discrimination under the Equality Act 2010. Where there are no protected characteristics to be concerned with, a failure to act may result in the employee bringing a claim under the Protection from Harassment Act 1997. This may then result in criminal sanctions and/or damages being ordered.
The Health and Safety at Work Act 1974 also requires an employer to provide a safe place to work for all employees and workers.
Credits: Paida Dube, Employment Solicitor - DavidsonMorris