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X-Factor bullying accusations – would it be acceptable in the workplace?

Fans of X-Factor’s contestant Misha B will have been outraged at Louis Walsh and Tulisa’s accusations of backstage bullying, and whilst the contestants are not employees, it does raise questions about dealing with bullying in the workplace.

The claims were made live on air following Misha B’s performance on last weekend’s show. The two judges accused her of being mean to fellow contestants and said she needed to ‘put aside the attitude.’ Louis added that one of his contestants had complained of being bullied.

The other two judges, Gary Barlow and Kelly Rowland, defended the singer, and Louis was later forced to apologise for using the word ‘bully.’

Leading HR and health and safety firm Empire says the confrontation made for uncomfortable viewing, but highlighted the importance of dealing correctly with such issues in the workplace.

The Aberdeen-based firm is urging businesses to think carefully about tackling bullying among employees and about the consequences of failing to deal with such issues.

Being subject to bullying at work is not enough to raise a tribunal claim on its own, but employees can place a claim where an employer has failed to deal with it properly. Most commonly, the bullying will fall within the scope of discrimination laws. Bullying is also very similar to harassment, which is covered by separate legislation. Ultimately, an employee who is subjected to bullying may resign and claim constructive dismissal.

CEO of Empire, Steve Cook, said: “When you consider the negative impact a bully can have on a team in terms of low morale, high staff turnover, and loss of productivity, it makes good businesses sense to prevent bullying and deal with it effectively if it does occur.

“Unless a formal complaint or a serious incident has occurred, the issue may be tackled informally in the first instance. Perhaps the bully is unaware of how their behaviour is perceived by others, and doesn’t realise their behaviour amounts to bullying; therefore, a confidential discussion can help nip the problem in the bud before it escalates.”

However, where there is a pattern of worrying behaviour, a formal complaint is raised, or there is a serious incident, it will be more appropriate to instigate the formal disciplinary procedure. The allegation should be investigated in full, which will normally mean obtaining statements from witnesses and victims of bullying before taking formal action.

Following a disciplinary meeting, the employee accused of bullying can be issued with a written warning, final written warning, or even be dismissed depending on the nature of the allegation and the circumstances of the case. Where there is insufficient evidence to justify a formal sanction, or where parties are keen to resolve the issue informally, mediation between the bully and victim may be beneficial.

Mr Cook continued: “It is important to remember that all employers have a duty to take care of their employees, and action may need to be taken even when a victim is reluctant or refuses to participate in proceedings.”

The HR and health and safety firm says that those who believe bullying is not a serious issue should take note of a recent case where BT was forced to pay out £290,000 to an employee due to the behaviour of a manager who was openly homophobic, racist and sexist. The tribunal criticised BT for not dealing with the manager properly, and allowing his behaviour to continue unchecked.

Ultimately, in any case of workplace bullying it would be unacceptable to follow X-Factor Tulisa and Louis Walsh’s example by broaching the subject in front of an audience!

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