Bullying and harassement in the workplace
June 2006, General Practitioners Committee Wales
Introduction
GPC Wales supports the BMA’s zero tolerance policy on bullying and harassment and endorses the BMA’s May 2006 report – Bullying and harassment of doctors in the workplace. We recognise GPs can experience bullying on an individual (independent contractor employee) basis, an organisational level, and as employers who deal with the effects at practice level. This guidance is intended to increase awareness of the effects of bullying and harassment and to encourage all GPs and practices to develop their own policy for dealing with bullying.
The BMA’s recent report Bullying and harassment of doctors in the workplace identified that it has been estimated that workplace bullying affects up to 50 per cent of the UK workforce at some time in their working lives and costs employers 80 million lost working days and up to £2 billion in lost revenue each year. It has been suggested that bullying and harassment in the National Health Service (NHS) is a widespread and serious problem. (see reference 1)
According to a survey of NHS staff, one in four NHS staff reported experiencing bullying and harassment in the previous 12 months from patients or their relatives and 15 per cent reported a similar experience from other staff. Furthermore, a fifth of medical and dental staff reported experiencing bullying or harassment from patients or service users and this increased to a quarter for doctors in training. (see reference 1)
Research shows that workplace bullying and harassment of doctors occurs across the medical workforce, from medical students and junior doctors in training to consultants and general practitioners. It has been argued that training is often seen as an ‘initiation rite’ into medicine, justifying the bullying and harassment that is often a feature of the undergraduate medical culture. (see reference 1)
Bullying and harassment is not just between individuals, there are organisational factors which can facilitate a bullying culture within an organisation. (see reference 1)
Defining workplace bullying and harassment
Bullying and harassment is unwanted conduct affecting the dignity of people in the workplace and may be related to age, sex, religion, race, disability, sexual orientation or any other personal characteristic. It may be persistent or an isolated event, but in all cases the actions or comments are viewed as demeaning and unacceptable to the victim. (see reference 2)
Bullying is persistent behaviour against an individual that is intimidating, degrading, offensive or malicious and undermines the confidence and self-esteem of the recipient. (see reference 3)
Harassment is unwanted behaviour that may be related to age, sex, race, disability, religion, sexuality or any personal characteristic of the individual. It may be persistent or an isolated incident. (see reference 3)
Organisational/cultural bullying
Most definitions of bullying and harassment relate to individuals, but there is an increasing interest in the idea of organisational or cultural bullying which is norms of behaviour and practices in the workplace that regularly undermine individuals who work in it. (see reference 4)
Bullying and harassment are likely to thrive where this is common behaviour across the organisational hierarchy. This is especially the case in highly competitive environments where it is, to a degree, accepted that bullying is an effective method of motivating staff. The NHS, in particular, is a highly competitive organisation, which is under increasing scrutiny from both the government and the public, this coupled with increasing accountability and the pressure to achieve targets and improve transparency impact on the working lives of staff within the organisation. (see reference 1)
GPC Wales’s position on organisational bullying
It is GPC Wales’s view that bullying of GPs and practices by NHS bodies, eg local health boards (LHBs) and by NHS managers is widespread throughout Wales. Anecdotal evidence suggests it is increasing. GPC Wales and the local medical committees have a central role in curbing LHB or other NHS organisational bullying of GPs and practices. We aim to achieve this by:
- encouraging LHBs and other NHS organisations to produce their own policies for dealing with bullying and harassment which will apply to contractors, staff and all users of their service
- raising awareness of the detrimental effects of bullying and providing support to members who are being bullied
- encouraging GPs who experience this type of bullying to record the incidents and report the individuals involved to their LMC, to GPC Wales, to the organisations’ own internal formal complaint procedures and to the Welsh Assembly Government itself.
There is no specific legislation which deals with bullying or harassment at work. There are, however, several pieces of legislation which encompass harassment, victimisation or bullying and under which both employers and individual employees may be held liable. ACAS confirms that employers have a duty of care to employees and a complaint of bullying and harassment which is not addressed could lead to a claim at an employment tribunal of constructive dismissal. Both employees and independent contractors can bring complaints under the laws governing discrimination and harassment. For example:
- sexual harassment – the Sex Discrimination Act 1975 gives protection against discrimination and victimisation on the grounds of sex, marriage or because someone intends to undergo/is undergoing or has undergone gender reassignment
- racial harassment – the Race Relations Act 1976 gives protection against discrimination and victimisation on the grounds of colour or nationality. The regulations that amend the act (Race Regulations 2003) also give a stand alone right to protection from harassment on the grounds of race and ethnic or national origin
- religion or belief – the Employment Equality (Religion or Belief) Regulations 2003 give protection against discrimination and harassment on the grounds of religion or belief
- disability – the Disability Discrimination Act 1995 gives protection against discrimination and victimisation
- sexual orientation – the Employment Equality (Sexual Orientation) Regulations 2003 give protection against discrimination and harassment on the grounds of sexual orientation
- age – from 1 October 2006 regulations will be introduced to provide protection from discrimination and harassment in respect of age.
Identifying good practice
Raising awareness of bullying and harassment in the medical profession is crucial if the problem is to be stemmed. Learning how to recognise and react to such behaviour should become part of medical training at all levels. As part of the Department of Health’s Improving Working Lives initiative, all NHS organisations must produce evidence of how they are reducing harassment and bullying. In most cases a dignity at work policy which sets out recommendations for tackling bullying and harassment at work is also in evidence. (see reference 1)
A policy for dealing with bullying and harassment
ACAS recommends and GPC Wales agrees that the first step in addressing the bullying and harassment issues is to consider putting together a formal policy. It is good employment practice for all organisations including LHBs, to have a bullying and harassment policy in place. This need not be over elaborate, especially for smaller organisations, eg GP practices. A check list for specific policy on bulling and harassment could include the following:
- statement of commitment from the partners/senior managers
- acknowledgement that bullying and harassment are problems for the practice/organisation
- clear statement that bullying and harassment will not be tolerated
- examples of unacceptable behaviour
- statement that bullying and harassment may be treated as disciplinary offence
- the steps the organisation takes to prevent bullying and harassment
- responsibilities of practice managers/supervisors
- confidentiality for any complaint
- references to grievance procedures (formal and informal), including timescales for action
- investigation procedures, including timescales for action
- reference to disciplinary procedures, including timescales for action counselling and support availability
- training for partners and practice staff and managers
- protection from victimisation
- how the policy is to be implemented, reviewed and monitored. (see reference 5)
- provide for an individual to speak to someone in the organisation about a potential complaint of bullying or harassment
- provide for informal resolution via discussion and mediation
- provide for an objective and independent investigation into a complaint
- provide a formal stage to include possible disciplinary action
- involve the LMC if it concerns bullying by an NHS organisation or staff member against a practitioner or practice.
It is clear the effects of bullying can be demoralising to the individual and detrimental to an organisation, and it is important that complaints of bullying and harassment are addressed early and the behaviour is not allowed to continue. In all cases of bullying and harassment it is the impact on the individual and not the intention of the bully which determines whether bullying and harassment has occurred. Bullying and harassment can take many forms and arise from a wide range of sources.
GPC Wales supports the NHS Employers position that the dignity at work of all staff, patients, visitors and contractors should be respected. In turn we expect LHBs and other NHS organisations to respect GP’s dignity at work and to take steps to address complaints of bullying and harassment by their staff of GPs as employees or independent contractors and provide a clear policy for dealing with complaints of bullying and harassment from contractors and staff.
Representation
LMCs and GP representatives can provide invaluable support to GPs who feel they have been bullied by:
- providing advice and guidance for those who believe they are being bullied, eg suggesting that they keep an ‘incident diary’
- representing members in any proceedings which take place
- raising the issue with management outside procedures which may be instrumental in getting it resolved
- assisting members to obtain medical and other professional help.
If, as a GP, you feel you are being subjected to bullying and harassment by an LHB or any other NHS body, GPC Wales advises that you:
- seek support from local GP representatives, via your local LMC or from BMA Cymru Wales local office. Specialist counselling services are available to BMA members as well as advice and guidance in taking a complaint forward
- discuss your concerns with your LMC. You may find you are not the only one that feels bullied; other GPs in your area may also be subject to the same kind of intimidation and unacceptable behaviour
- inform GPC Wales as soon as you feel you are being or have been subjected to any form of bullying or harassment. GPC Wales is committed to following up examples of this unacceptable behaviour
- consider referring the individual involved to his or her own organisation, through a formal complaint under the organisation’s bullying and harassment policy. Each NHS organisation should have a clearly defined policy, if they do not as yet have a policy use the complaints procedure and inform the LMC
- make sure you keep records of the things said and/or threats made, the person who made them, the date and time of meeting and who else was present.
Useful contacts
BMA Cymru Wales
Fifth Floor
2 Caspian Point
Caspian Way
Cardiff Bay
Cardiff
CF10 4DQ
T 029 2047 4646
F 029 2047 4600
E info.Cardiff@bma.org.uk
BMA Counselling Service is a confidential service for BMA members staffed by professional telephone counsellors 24 hours a day.
T 08459 200 169
http://www.bma.org.uk/ap.nsf/Content/Hubhealthandwellbeing
Doctors for Doctors is an enhancement of the BMA Counselling service giving doctors in distress or difficulty the choice of speaking in confidence to another doctor.
GPC Wales
Dr A Dearden Chairman
BMA Cymru Wales
Fifth Floor
2 Caspian Point
Caspian Way
Cardiff Bay
Cardiff
CF10 4DQ
T 029 2047 47614
E dmartin@bma.org.uk
Local medical committees
Bro Taf LMC
15 Newport Road
Cardiff
CF24 1AG
T 029 2046 5261
E brotaflocmedcomm@btconnect.com
Gwent LMC
Cwmbran House
Mamhalid Park Estate
Pontypool
Torfaen
NP4 0XS
T 01495 764455
E vcgwentlmc@btconnect.com
Dyfed Powys LMC
Llwyncynnar
Llanfihangel Bryn Pabuan
Builth Wells
LD2 3SH
T 01597 860565
E Janet.K.Powell@btinternet,.com
North Wales LMC
24 Clwyd Avenue
Prestatyn
Denbighshire
LL19 9NG
T 01745 852464
E nwlmc@btinternet.com
Morgannwg LMC
Suite G1
Britannic House
Llandarcy
Neath
SA10 6EL
T 01793 815954
E lmc@morgannwg-lmc.demon.co.uk
Advisory, Conciliation and Arbitration Service (ACAS)
T 08457 474747
www.acas.org.uk
Andrea Adams Trust
A charity dealing with workplace bullying
T 01273 704 900
W www.andreaadamstrust.org
Bully on Line
www.bullyonline.org
Chartered Institute of Personnel and Development (CIPD)
T 020 8612 6200
www.cipd.co.uk
Commission for Racial Equality
T 020 7939 0000
www.cre.gov.uk
Disability Rights Commission
T 08457 622 633
www.drc-gb.org
E enquiries@drc-gb.org
Equal Opportunities Commission
www.eoc.org.uk
Workplace Bullying
www.workplacebullying.co.uk
References
- BMA (2006) Bullying and harassment of doctors in the workplace. London: BMA.
- B Hicks (2000) Time to stop bullying and intimidation. Hospital Medicine 61: 428-31.
- CIPD (2004) Managing conflict at work: a survey of the UK and Ireland. London: CIPD.
- Liefooghe P, & Mackenzie-Davey K (2001) Accounts of workplace bullying: the role of the organization. European Journal of Organisational Psychology. 10: 375-92 .
- ACAS (2005) Bullying and harassment at work: a guide for managers and employers London: ACAS.
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