Bullying

Bullying in universities: what are your legal rights?

Research shows that bullying is more prevalent in higher education than other professions. Here’s some expert advice on what do to if you’re being subject to unjust behaviour

• Take our survey on bullying in academia

Keeping track of incidents can help victims of bullying build a case. 

Photograph: Martin Argles for the Guardian

Do universities have a legal obligation to protect employees from bullying?

Yes. All employers, including universities, owe duties to employees to ensure that they do not suffer workplace bullying, explains Mark Leach, a higher education specialist at Weightmans Solicitors. “Importantly, the acts of one employee (ie the bully) against another employee (the victim) will be regarded as the acts of the university itself where those acts are connected with work.

“In previous cases this has extended to events such as after work pub gatherings, particularly where the event, such as a leaving do or Christmas party, is connected with work.”

How do you know if you are being bullied?

Concepts like bullying and harassment aren’t easy to describe: neither have statutory definitions and, as Leach points out, “One person’s robust performance management might be regarded as bullying by someone else.”

Generally, in an employment context the term bullying tends to describe unwanted and offensive behaviour on the part of an employee, he adds. Often this behaviour is directed towards someone who is less senior.

“If you feel either of these applies you should talk to human resources (HR) at once,” says Kim Frost, chair of universities HR association. Leaving it could only make the situation worse.

Who should you approach for help?

Each university will have its own anti-discrimination or bullying policy, which should be available online. In many cases, people are encouraged to speak to their line manager, unless that is inappropriate, in which case they should go to HR, says Helen Wildman, pro vice-chancellor for HR at the University of Wolverhampton.

“People are advised to go to their line manager first because the issue might be caused by a misunderstanding – in which case it can be dealt with at the lowest level. If this isn’t the case, then it’s made quite clear to the individuals what the escalation process is.”

Local union representatives will be familiar with a university’s policies and are well-placed to offer advice, says Frost.

What kind of evidence do you need to provide?

Keeping a diary of incidents is helpful, according to Kerith Allen, bargaining and negotiations official at University and College Union (UCU). She advises individuals to keep track of what happened, when and how it made you feel – something which will help in both formal and informal situations.

“Sometimes just by showing someone in black and white how their behaviour has impacted on another person can lead to a change.

“Many bullies will wait until there is no one else present. However, if you do have witnesses to any incidents note their names too,” she adds.

What action would HR take? And how confidential can people expect their complaint to be?

First of all, HR would want to bring both parties together to discuss the situation informally. They might also help an individual to set out their concerns in writing, so that these can be presented to the other party, says Frost. “If neither way is possible or appropriate, then a final option would be for the individual to make a formal complaint and for HR to arrange an investigation.”

HR departments are aware that complaints are much more difficult to resolve at an early stage if they become widely known, she adds. “You can expect your HR department to keep your complaint confidential until you agree otherwise, for example if it needs to go to a formal complaint.”

The only exceptions would be if an allegation involved illegal conduct or serious breaches of procedures such as the financial regulations. In such instances, HR would explain the position and work strictly on a need-to-know basis.

How likely is it that a case would go to a tribunal?

Taking a case to a tribunal is never desirable, but sometimes it will be the only option, says Allen. “We will always do our best to resolve bullying before it gets to this point. A legal case, even if you win it, is a stressful process and it does not fix what has happened.”

Across all sectors, the vast majority of cases do not reach a tribunal - instead, they may be resolved at a lower level internally or through a settlement payment and confidential settlement terms, says Leach. Though it’s worth remembering that because universities are subject to freedom of information requests, they may not be able to keep such arrangements confidential: “This is something that makes universities – and other publicly funded employers – think twice before buying their way out of trouble,” he adds.

More like this:
• Take our survey on bullying in academia
• Why bullying thrives in higher education
• ‘Professors are supposed to be stressed! That’s the job’