As has recently been reported in the press, Gordon Brown has been accused of bullying at No 10. An anti-bullying helpline has revealed that it received several complaints from people working with the Prime Minister, including allegations of Mr Brown swearing at staff, grabbing them by their lapels and shouting at them.

The Cabinet Office has strongly denied these allegations much to the annoyance of the National Bullying Helpline’s CEO, Christine Pratt. Ms Pratt has stated that: “outright denial is just non-credible in today’s age” and that such a response sends out the wrong message to other bosses. She believes that the Cabinet Office should investigate the complaints and follow a due process.

The irony is that Ms Pratt has been accused herself of bullying, most recently by TV presenter Sarah Cawood who was a patron of the National Bullying Helpline. Ms Cawood explained that she was reduced to tears after being accused by Christine Pratt of failing the charity. Ms Cawood, Gary Cooper and Ann Widdecombe have all resigned from the charity following Ms Pratt’s decision to go public with the calls from the No 10 employees. The helpline is supposed to be confidential and the decision to go to the press with this story is a clear breach of the confidentiality principles associated with such a helpline.

The Legals

The big question is what is bullying and harassment?

Harassment

Harassment is prohibited under the major employment legislation on the grounds of sex, race, disability, sexual orientation, religious belief, gender reassignment and age. A working definition based on the definition in the legislation could be:

‘Unwanted conduct which (a) has the purpose of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person or (b) which is reasonably considered by that person to have the effect of violating their dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for that person, even if that effect was not intended by the other person.’

Bullying

There is no legal definition of conduct that amounts to bullying. However, a working definition could be:

‘Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power which is meant to

undermine, humiliate or injure the person on the receiving end.’

Certain conduct will almost certainly constitute bullying or harassment, such as racial abuse or the making of unwanted sexual advances. However, and more commonly, there will be so-called ‘borderline’ behaviour, such as an aggressive management style, which can be capable of constituting bullying or harassment.

Dealing with performance or conduct issues in an appropriate and consistent way is not bullying. The fact that someone is upset by issues being raised does not necessarily mean there has been bullying. When managing employees the following should be taken into account:

• Criticism should be constructive and should indicate the faults and the improvements required.

• Legitimate criticism can become bullying if it is made in a way intended to undermine or humiliate, rather than to improve performance, or if inappropriate language is used.

• The level of rebuke must be proportionate to the alleged failing on the part of the employee.

• Criticise the work or behaviour rather than the person.

• The disciplinary procedure should be invoked where informal coaching and counselling has failed to deal with performance and conduct issues.