Can we investigate allegations of bullying where the employee concerned does not wish to raise a grievance?

Posted in : First Tuesday Q&A NI on 6 September 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Bullying in the Workplace; Investigations; Vicarious Liability

If an employer has legitimate concerns about bullying in the workplace, it should investigate the matter even if the employee who has made the allegation does not wish to co-operate with the investigation. Consequences for an employer who fails to carry out investigations into bullying can be significant, particularly if the allegation involves unlawful discrimination or harassment.

Employers who do not investigate bullying that was flagged to them could have trouble defending their inaction and successfully arguing that they were not vicariously liable for the bully’s actions should the employee decide to bring a claim.

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Back to Q&A's This article is correct at 06/09/2021
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton