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 Issues covered: Bullying in the Workplace; Investigations; Vicarious LiabilityIf 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
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