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Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work

Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work

Recently published Code of Practice (COP) developed by the Health and Safety Authority and the Workplace Relations Commission and published in January 2021.
Regardless of where we work, when we work or how we work, workplace conflict can occur. Where people are involved, different perspectives meet and this can result in misunderstandings, misgivings, and where things remain unclear and vague, disharmony.

Now that we are distanced, we have less ability to receive communication in its fullest sense. We do not get the body language, the levity that might be in a comment: the nuance of a spoken word is lost if delivered by email. This new climate of work can result in increased misunderstanding and a sense of not really fully appreciating what a person means, when they ask something of you.
The last thing we need now is increased confusion and conflict from our work. Yet as we are remote working, the atmosphere and general collegiality around our work, can take a nosedive.

Difficulties in relating brought about by distance relating and a scarcity of human presence can prove stressful. Stress be a cause of as well because of bullying. When this occurs, every organisation needs to have a system in place to process such matters and manage a complaint to a resolution of some sort.
On that point, the new COP is an update and upgrade on two previous Codes – both agencies had separate Codes related to their distinct legislation prior to this. As Codes are not of themselves legislation, but a strong standard set in line with legislation, any Code must show a link between its contents and standards set and relevant legislative powers. In this case, both agencies have underpinning legislation in the guise of various Industrial Relations Acts (WRC) and the Safety, Health and Welfare at Work Act (2005) (HSA)

The COP was developed with inputs from employer body IBEC and employee representative body ICTU, as well as employment expertise from the Department of Public Expenditure and Reform (DPER) over the past two years. Further public consultation and inputs from private and commercial parties was undertaken. The new COP is now welcomed as a replacement of the previous Codes promoted by each agency, the HSA’s from 2007 and the WRC’s from 2002.
This new COP is more comprehensive on the informal approaches to dealing with bullying complaints at enterprise level.

It has a new second ‘filter’ stage, when employers can bring a problem-solving approach to issues where bullying is a feature or an alleged feature of a troubled relationship at work. This was added due to the nuanced nature of human behaviour at work and the fact that a person’s perception is heavily influenced by their attitude and pre-existing suspicion.

A situation where bullying is cited may well, at times, be better managed to the satisfaction of all, by slowly unravelling the behaviours and trying to reduce the tension and hurt around the deteriorating relationship.
Giving more time, space and energy to such a resolution, early in the process, can often yield more positive results than formal legalistic approaches further into the issue.

The joint COP also highlights to people who are considering bringing a bullying case, the seriousness of making any complaint citing bullying. Bullying can be wrongly used to cover many difficult issues, which are not bullying.

The COP also highlights the serious mental health fallout from being bullied, and outlines the behaviours that should not be tolerated between people at work. It highlights the employer’s duty to prevent improper conduct and ensure fair and reasonable supervision and management. It gives employers guidance on the need for competence across the systems of work and a proper working complaints procedure within an Anti-Bullying Policy, which all employees are aware of, and signed up to, as part of induction programmes.

The COP also addresses recent Irish court judgements on bullying. These judgements emphasise the requirements needed for a case to be considered one of bullying. These judgements held that occasional disputes, irregular disagreements and even personality fallouts, do not, of themselves, meet the criteria for bullying.

Bullying cases are based on regular, repeated, serious, traumatic targeted ill-treatment of a person or persons, and therefore, employees making such a claim should know of this standard, and apply it. Employers processing various complaints should have some direction on what to process as bullying and which disputes can, and should be, processed otherwise.

Finally, the new COP, being a joint code, aligns the systems in place at State level. It gives some examples of what is and what is not considered under the bullying heading, and differentiates harassment as a distinct set of behaviours, under nine specified grounds. Harassment cases are processed separately to bullying and come within the remit of the Irish Human Rights and Equality Commission (IHREC).

WRC/HSA Joint Code of Practice on the Prevention and resolution of Bullying at Work 2021 – Main additions:

• Increased focus on the initial employer classification of a complaint: whether it is a general conflict, as case of alleged bullying, a case of alleged harassment, or some other workplace issue wrongly labelled.
• Increased direction and advice on informal resolution of complaints of bullying within the work area.
• Reiteration of sanction for maliciously or carelessly making a bullying complaint.
• Clarity on the roles of both agencies and where they overlap and diverge.
• Clarity on the legal finding of Irish courts to ensure proper assessment of bullying complaints.
• Clarity from recent Irish court rulings on bullying investigations and the rights of various parties, including employer role.
• Clarification on follow-on processes for formal investigation of bullying cases.

Read it here: Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work

A theoretical framework for exploring the feasibility and fairness of using mediation to address bullying and harassment in uk workplaces
2014
Deakin, Ria Nicole
The University of Manchester

Positioning itself within policy debates on the best way to deal with disputes in UK workplaces and the (potential) resultant increased interest in mediation, this thesis draws on literature from law, philosophy, psychology and management to add to the growing, but largely theoretically-underdeveloped research on workplace mediation. In this research, mediation refers to a voluntary and confidential process where parties to dispute seek a mutually agreed outcome. This process is facilitated by an impartial third-party mediator. The research offers an empirically-informed theoretical framework exploring the extent to which the use of mediation to deal with bullying and harassment is appropriate. In asking whether mediation is appropriate, it argues that it is necessary to consider whether its use is not only feasible but also fair. Using Rawls’s (2001) theory of justice as fairness to structure the discussion and focusing on cases involving sex, race and sexual orientation it constructs an argument for the use of fairness as a guiding concern for an understanding of mediation grounded in an appreciation of public values and notions of social cooperation. It explores tensions between the nature of mediation and of bullying and harassment to question the extent to which an emphasis on cost/efficiency and empowerment in mediation rhetoric may obscure questions of the privatisation and individualisation of systemic and structural problems. Within this discussion theoretical and practical questions are identified and are then explored through the use of a mixed method research design comprised of a small-scale questionnaire (N=108), interviews (N=20) and focus groups (Four groups, N=16). Samples were purposively recruited and consisted of those over 18 years old with six month’s work experience in a UK workplace (questionnaire/focus groups) and external workplace mediators (interviews). Answers to the questions are offered in the form of a framework comprised of a theoretical model and a practically-orientated schematic. It is argued that the reconciliation of potential conflicts between mediation and bullying and harassment are found in a greater understanding of the way mediation operates in practice. This understanding is guided by an appreciation that different standards of reasonableness apply to different behaviours and that individuals, organisations and the courts have differing levels of responsibility for setting and upholding these standards. In meeting this responsibility it is important an organisation is seen as a party to the mediation process since a threat to fairness arises not from privatisation per se but from a personalisation of problems of organisational and/or societal significance. Rather than reject the use of mediation in such situations it suggests the notion of ‘tailored privatisation’ offering a compromise between the concerns of privatisation and the purported benefits of mediation.

Combined and selective effects of environmental and psychosocial workplace hazards: associations with health and well-being in public sector employees
2008
McNamara, R.
The University of Wales College of Cardiff

The main aims of this thesis were to investigate combined and selective associations between varied sources of occupational stressors (environmental and psychosocial) and a range of health outcomes in public sector employees. Data were obtained from two cross-sectional surveys of public sector employees (n-1090 and 870).  Key sources of potential stress examined were: demands, control, support, efforts, rewards, unfavourable working patterns (long hours, shift work), physical hazards (noise, harmful substances), organisational culture, role stressors (conflict, ambiguity), interpersonal relationships (Leader-Member and Team-Member Exchange) and workplace bullying.  Key health outcomes comprised work-related stress, clinical anxiety and depression, lifetime, 12-month and acute symptom prevalence and use of prescribed medication within the last 12 months and 14 days.  Analyses were carried out using logistic regression. Results indicate that stressors explain more variance in health outcomes when studied in combination.  Cumulative exposure to stressors was measured by a composite additive score derived from traditional job stress models (Demand-Control-Support, Effort-Reward Imbalance) and items assessing working hours/physical hazards, and was associated with an increased likelihood of reporting the majority of key health outcomes.  The addition of novel stressors to the composite score (e.g. role, interpersonal relationships, culture) did not explain additional variance with the exception of workplace bullying.  For some outcomes (work-related stress) associations with stressors were linear; for others (clinical depression), only very high levels of exposure were associated with a negative outcome (i.e. a ‘threshold’ effect).  These different patterns of effect are suggestive of selective, as well as cumulative relationships: certain health outcomes are associated with particular risk factors.

A study to examine the effect of early traumatic experiences on emotional development in the eating disorders
2007
Froom, Katy
The University of Manchester

Evidence is reviewed linking specific early abusive experiences (sexual abuse, physical abuse and emotional abuse) with the occurrence of eating disorders and this is interpreted in light of two conceptual models – self-trauma theory (Briere, 1996) and schema theory (Young, 1990). These models are used to consider a potential vulnerability to further victimisation, more specifically, being bullied at school. The impact of these repeated traumatic experiences on the development of a secure sense of self and emotional regulation skills is considered and examined in light of offering an aetiological understanding of eating problems. Research is then reviewed examining the prevalence of negative self-beliefs in the eating disorders. Alexithymia has been documented as being common in individuals with eating disorders, however this is reconsidered in light of a lack of emotional expressiveness as a result of particular childhood experiences. This clinical group seem to have particular difficulties with anger and disgust, however there is a lack of concise research measuring all of the basic emotions and comparing an eating disordered group to a psychiatric control group. This study aims to examine the association of abusive experiences both at home and at school with eating disorder symptoms, as compared to a control group suffering from depression and a non-clinical student group. Comparisons were also made on levels of all of the basic emotions across the three groups. The eating disordered group were found to have significantly higher levels of sexual abuse than the depression control group suggesting that this may act as a specific risk factor for eating problems. The higher level of bullying experienced by the eating disorder group, compared to the depression group, was only approaching significance; however the ED group did report higher levels of being left out or ignored by their peers. Although the prediction that the eating disorder group would report higher levels of anger was not observed, the eating disorder group did report higher levels of disgust.

Correlates of psychological distress in penal and psychiatric populations
1997
Biggam, Fiona Helen
University of Stirling

This thesis is an investigation of social problem-solving skills, psychological distress, and supportive relationships among three distinct samples. The research groups comprise a) 25 depressed inpatients and a matched comparison group; b) 50 hospital admissions following an act of suicidal behaviour; and c) 5 sub-groups of incarcerated young offenders (inmates on Strict Suicidal Supervision, inmates on protection, victims of bullying, identified bullies, comparison group) with 25 inmates in each group. Data was collected by structured interviews, standardised psychometric measures of mood states (e.g. Hospital Anxiety and Depression Scale, Beck Hopelessness Scale), problem-solving ability (e.g. Means-Ends Problem-Solving Procedure) and supportive relationships (e.g. Significant Others Scale). Data were analysed by means of parametric statistical techniques (e.g. analyses of variance and multiple regression analyses). Eight cross-sectional studies are reported. Depressed patients demonstrated problem-solving difficulties, which were related to the level of psychological distress experienced. Clinically depressed patients were also found to differ from a comparison group in their autobiographical memory recall and concentration ability – both of which were related to their impoverished problem-solving ability. Deficits in problem-solving ability in the depressed patients were not an artefact of their verbal IQ. Regression analyses of the data relating to suicidal community inpatients illustrated that social support variables were the prime predictors of suicidal intent, depression and hopelessness. Social problem-solving variables also emerged as significant predictors of psychological distress, albeit to a lesser extent. Social support and problem-solving variables were also important moderator variables in the relationship between stress and suicidality. The studies conducted with young offenders illustrated a hierarchy of problem-solving deficits and psychological distress among the inmate groups. Problem-solving ability was not an artefact of verbal IQ. The value of using problem-solving interventions with vulnerable offenders is discussed. The importance of prison relationships in the experience of stress by inmates was also highlighted. Similarly, parental relationships were related to the levels of distress experienced while incarcerated. The results of each study are discussed in relation to the relevant literature, practical implications for clinical interventions with each group, and suggestions for future research. The findings of the thesis are discussed in relationship to transactional, stress-hopelessness-distress models of psychological illness and distress.

ABC at the World Anti-Bullying Forum 2019

The National Anti-Bullying Centre (ABC) hosted the World Anti-Bullying Forum 2019 in Dublin City University last week. Many of ABC’s staff and students showcased their latest research work and contributions to national and international anti-bullying policy.

Some of the world’s most renowned anti-bullying researchers and practitioners attended, presented and worked at the conference, which was a once in a lifetime event for Dublin to be the host city. This included some of the researchers at ABC.

Liam Challenor PhD (candidate) presented on his PhD topic that addressed the cyberbullying of teachers by pupils (see image above) and Dr. Angela Mazzone presented on her research around children’s experiences of bullying, victimization and feelings of shame and guilt. Dr. Seline Keating presented on her developed antibullying policy audit tool and promoted the Gender Equality Matters (GEM) international project with an informative stand (see below)

Helena Murphy PhD (candidate) presented on a case study of teacher empathy, school culture and bullying, in a DEIS boys’ primary school, and also sat on an industry session panel alongside Vodafone to discuss what cyberbullying actually is and what its implications are. Dr. Mairéad Foody presented multiple projects in the areas of sexting, the psychological impact of sibling bullying, and conceptions of cyberbullying and the whole school approach with Dr. Robert Slonje at a UNESCO special session (see image below).

ABC researchers and their European collaborators presented their workshop on the DisAbuse Project and Disablist Bullying at the World Anti Bullying Forum 2019. Lian McGuire (pictured) and Fiona Weldon of ABC, with IADT partners Dr. Irene Connolly and Marian McDonnell, provided participants with a series of interactive talks and a browse through the functionality of the DisAbuse Project technologies (i.e. websites and the YouTube Channel).

ABC’s Prof. James O’Higgins Norman hosted several UNESCO talks including introducing Christophe Cornu who presented some key findings from the new UNESCO global report on
the nature, scope, drivers and consequences of bullying. This report is the first of its kind that collates data from over 144 countries and territories to inform antibullying policy and legislation on a global scale.

Dr. Catherine Stapleton presented on her work around institutional and religious based bullying in schools.

Research and policy aside, the ABC and DCU awarded the distinguished Prof. Mona O’Moore with a Lifetime Achievement Award at the Gala Dinner held in Clontarf Castle Hotel (see image below). Without Mona’s dedication to antibullying research, policy and practice, the ABC could not have thrived as a research and resource centre.

Several other industry and organisational sessions by Facebook, Vodafone, Webwise, Bulldog Solutions, McAfee and Comhairle na nÓg also delivered their input into how they tackle bullying and promoted online safety within their industries.

The World Anti Bullying Forum 2019 was indeed a successful and stimulating conference for all involved. The ABC thanked all other stakeholders involved including the conference organizers and the young people of Foróige and Larkin Community College at the closing ceremony. More updates and a picture gallery to come.

Shame and depression in adolescence: do rumination and social rank mediate this relationship?
2012
Savage, Jemeela
University of Surrey

Shame is considered to be a negative emotion which encompasses feelings of inferiority, self-condemnation and the desire to hide from others. It has been associated with psychopathology, including depression, which is a significant and growing concern particularly in young people. Understanding how shame contributes to adolescent depression is therefore important. 0 Previous research with adults indicated that rumination and social rank are important in the relationship between shame and depression. However the small number of studies related to adolescent depression suffered from methodological weaknesses and did not test for mediation. Objectives The present study aimed to elucidate the contexts inwhich adolescents experience shame. Moreover it aimed to investigate whether rumination and social rank (social comparison and submissive behaviour) mediated the relationship between shame and depression in adolescents. Method A cross-sectional, questionnaire-based design was used and data were collected from a community sample of 16 to 18 year-olds (mean age 17.09). Measures of chronic, external and event-specific shame, general and event-specific rumination, social comparison, submissive behaviour and depression were completed by 188 participants (175 females and 13 males). Results The findings suggested that adolescents experienced shame in a variety of contexts including bullying, poor academic achievement and relationship difficulties. Mediation analyses suggested that rumination did not significantly mediate the relationship between shame and depression in adolescents, independently of social 104 nk. social comparison and shame appeared to act in a reciprocal relationship to influence adolescent depression. Shame and submissive behaviour behaved similarly but in adolescents submissive behaviour may be protective. conclusion The findings differed from previous research examining shame, social rank, rumination and depression in adult samples. In the presence of shame, social rank may be more important than rumination during adolescence in relation to depression as an outcome.

The exploration of the nature and extent of workplace bullying in an emergency service organisation in the uk
2010
Adewumi, Oluwakemi Ayodeji
University of Glamorgan

The first part of the study was conducted on a selected group of people from the management team of the investigated organisation.  This served as a cognitive testing of the suitability of the research tool for the subject under study.  An adapted version of the Negative Arts Questionnaire-Revised (NAQ-R) developed by Einarsen and Hoel (2001) was utilised in this research to collect relevant data from the respondents.  The second part of the research gathered quantitative data from the whole organisation, using an accepted version of the questionnaire used in the first study.  A total of 452 employees’ completed the survey which was a 25% response rate.  Results reveal 37% of the respondents have been subjected to bullying in the organisation; while 30% report that the bullying experienced is ongoing. A factor analysis on the different types of negative behaviours reveals three types of bullying behaviours: personal bullying, administrative bullying and social exclusion. Another factor analysis conducted on the causes of bullying within Lifesaver identified the attributes of the recipient, the poor interpersonal and intrapersonal skills of the perpetrator, a lack of effective policies and procedures, and the employees’ resistance to change as the primary causes of bullying. The third part of this research is a qualitative research carried out on 10 employees. Results revealed a different pattern to the causes of bullying. These are organisational change, organisational division into groups, power relations, poor management, and other factors such witnessing bullying. The different types of bullying, are covert and overt bullying, and upward bullying. The fourth part is another qualitative research conducted on five key informants within Lifesaver. Results reveal bullying is going on in the organisation and can be attributed to the fact that bullying is part of the culture of the organisation. The evidence to support this claim has been presented to the management of the organisation.

Coping with imprisonment: exploring bullying, safety and social support within prison settings
2012
Hampton, Elspeth
University of Birmingham

This thesis examines prisoners’ experiences of imprisonment. Initially, some of the challenges that prisoners face during imprisonment are considered, of which bullying represents a prominent feature. A systematic review of literature exploring bullying within prisons is presented, with emphasis on the nature and prevalence of bullying and the characteristics of those involved. High rates of bullying within prisons are reported, with prisoners tending to have experience in both perpetration and victimisation. The Hospital Anxiety and Depression Scale (HADS; Snaith & Zigmond, 1994) is suggested as a useful tool for measuring psychological wellbeing within prisoners. The measure is investigated in terms of its reliability and validity. Finally, an empirical research study exploring the influence of perceived safety and social support on the psychological wellbeing of prisoners in open conditions is described. The study employed a mixed-method design, using both quantitative and qualitative approaches. Results revealed relatively low levels of anxiety and depression among prisoners with high levels of perceived safety. There were some significant differences in social support according to levels of anxiety and depression but prisoners’ concerns about trust and fear of being moved back to closed conditions limited the degree to which they sought support from relationships within prison.

Sex, power, and academia: governing faculty-student relationships
2014
McNabb, Jude
University of Warwick

This thesis considers how sexual and romantic relationships between academic faculty and students in higher education are governed. Using analytic techniques drawn from Foucault and discursive psychology to interpret a corpus of texts, which includes policy documents, interview transcripts, fictional accounts, newspaper articles, and computer mediated discourse, I explore how five discourses are mobilized to frame faculty student relationships. I find that harassment discourse, which emerges as the dominant frame of reference in scholarly accounts, is taken up less readily in the accounts studied here. Rather, discourses foregrounding four alternative, but often imbricated, themes are more extensively mobilized: infantilization; religiosity; health, safety, and hygiene; and professionalism. These discourses reinforce elements of the truth claims propounded by harassment discourses; notably, their gendered and heterosexist assumptions, and their insertion of a gap between academic and student, albeit one configured along subtly different lines. However, they also challenge them, positing alternative claims to truth, recasting the subject positions of academic and student, and re-orienting relations between the two. For example, infantilization discourses construct faculty-student relationships as a horrific relation between adult or parent and child which must be monitored, whereas religious discourses construct a pastor-flock relation, articulating relationships as a temptation to be resisted or atoned for. The thesis offers contributions to research on faculty-student relationships per se, and is also understood as opening up analysis of organizational sexuality and the university more generally by arguing for the usefulness of a government approach to these phenomena.