Employers are responsible for preventing bullying and harassing behaviour in the workplace. Such behaviour can be discriminatory under employment law, a breach of health and safety requirements or even a criminal offence. In all cases, employers can be held liable for the actions of their employees.

Employers need to make it clear that harassment and bullying are not tolerated and to be aware of the additional possibilities of harassment posed by mobile phones and the internet.

Apart from the various legal provisions to prevent discrimination, the Health and Safety at Work Act 1974 gives employers a legal responsibility to ensure that employees health, safety and welfare at work are protected. There is a right to mutual trust and confidence between employer and employee; and if bullying or harassing behaviour is allowed to go unchecked, trust and confidence could be lost.

It is very important to note that employers are usually liable in law for the acts of their employees, and this includes bullying or harassing behaviour. In other words you could be liable for the actions of one of your employees.

The Employment Rights Act 1996 also gives protection to employees with qualifying service to claim "unfair constructive dismissal" if they are forced to leave their job because of the actions of their employer. Such actions could include failure by the employer to deal with any complaint of bullying or harassment, or failure to protect their employees from bullying and harassing behaviour.

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