The recession has seen a big increase of complaints of bullying and harassment at work.

Bullying and Harassment – what is the difference?

These terms are used on an interchangeable basis. From a legal perspective they are slightly different.

Bullying
This is offensive, intimidating, malicious or insulting behaviour, often an abuse of power, intended to undermine and humiliate the victim.

Bullying can be:-

1. Verbal, physical, and/or psychological, social isolation.
2. For example, social isolation by handing out the ‘silent treatment’.
3. Committed by a manager over a direct report or peer-to-peer.

Harassment
This is unwanted conduct which affects the dignity of men and women in the workplace.

It will be related to race, age, sex, disability, religion, sexual orientation, nationality or any other personal characteristic of the individual.

Bullying and Harassment can occur: –

1. Over a period of time or with an isolated incident.
2. Face-to-face, in writing, over the phone or by fax or email.
3. Obviously or discreetly.

Key point
Allegations of bullying and/or harassment hinge on whether the recipient views the actions or comments in question as demeaning or unacceptable – this is a subjective test.

In the workplace one should always think first how actions or comments will be received and interpreted by the individual concerned. A person should ask ‘‘does my conduct have the purpose or effect of being inappropriate with this particular individual?” ‘‘Will my conduct be unwelcome?”

Can assertive management be seen as Bullying and/or Harassment?

Managers should not be worried about managing their staff effectively. Assertive management or ‘tough love’ is not bullying and/or harassment as long, as it does not ‘cross the line’ and becomes offensive, intimidates or violates the dignity of the individual.