Minister announces new 'Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work' – Apr '07

Since 2005, the Safety, Health and Welfare at Work Act has placed a further legal responsibility on employers to ensure that they provide a safe place to work, including taking every step reasonably practicable to provide a workplace free from improper conduct or behaviour at work. This includes protecting an employee’s dignity at work, which can be undermined by workplace bullying. Such a provision has prompted calls from many employers for further guidance on this important matter.

On 4th March 2007, Tony Killeen TD, Minister for Labour Affairs, announced the expected publication of a ‘Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work’. This Code, published by the Health and Safety Authority, replaces the HSA’s 2002 Code on the Prevention of Workplace Bullying, and comes into effect on 1st May, 2007.

The Code explains what bullying means in practice and deals with the responsibilities of employers and employees to prevent or resolve it. It also reflects the legal requirement that employers carry out a risk assessment, and where bullying is identified as a hazard, the Code requires that an employer include this in the safety statement.

The Code requires all employees and employers to be vigilant of their own behaviours in order to eradicate bullying, and promotes a systematic and robust method for dealing with cases of bullying as the best way to prevent the behaviour being repeated and reduce the health effects for those who have been bullied. The Code also provides guidance on identifying bullying and gives advice on how to prepare an anti-bullying policy for the workplace.

Furthermore, it places a strong emphasis on dealing with a complaint of bullying at the lowest possible level in the workplace and that incidents of bullying should be resolved using an informal process wherever possible. It also recommends the use of professional mediation services where an organisation is not in a position to mediate internally. If, having exhausted the internal processes, an individual is dissatisfied with the outcome, they can refer an appeal to the Rights Commissioner Service. The Rights Commissioner can assess how the procedures were applied in a particular bullying case, and intervene in a number of ways, including carrying out a new investigation. A further appeal can be made to the Labour Court.

This Code of Practice should provide a valuable source of guidance for employers and employees alike in what can be an ambiguous and emotive area.