Understanding victimisation and aggression

Victimisation occurs when an employee is treated less favourably because they have made a complaint about discrimination or harassment or have supported someone else in making such a complaint. Aggression, on the other hand, includes any form of hostile or violent behaviour that can cause physical or psychological harm to an employee or employees.

The Irish legal system provides robust protections against victimisation and aggression in the workplace through various laws, including the Employment Equality Acts 1998-2015 and the Safety, Health and Welfare at Work Act 2005.

The first, the Employment Equality Acts 1998-2015, protect employees from discrimination and victimisation based on nine grounds: gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community. Meanwhile, the Safety, Health and Welfare at Work Act 2005 places a duty of care on employers to ensure the safety, health, and welfare of their employees. This includes preventing any form of workplace aggression and implementing measures to address it when it does occur.

If an employee falls victim to either of these violations, they can seek redress through the Workplace Relations Commission (WRC).

It is important to note that responsibility lies with both employers and employees when it comes to creating a safe and respectful workplace.

Employers’ responsibilities

Let’s firstly look at employers’ responsibilities:

1. Develop and implement relevant policies: Organisations should create clear policies that define their stance on victimisation and aggression, outline reporting procedures, and detail the consequences for violators;
2. Training and awareness: Regular training sessions should be conducted for all employees to help them recognise and prevent such breaches. It is essential that everyone understands the policies and knows how to report incidents;
3. Provide support systems: Organisations must ensure that victims of aggression and victimisation have access to the necessary support systems — be that counselling or access to a helpline;
4. Investigate complaints promptly: All complaints should be taken seriously and investigated promptly and impartially. This process should be transparent and ensure fair treatment for both the complainant and the accused; and
5. Implement preventative measures: Regular risk assessments should be conducted to identify potential hazards related to workplace aggression, and measures should be taken to foster a positive workplace culture.

Employees’ responsibilities

Now let’s take a look at employees’ responsibilities to help create a safe and respectful workplace. It is important that they:

• Follow the organisation’s policies and understand what constitutes unacceptable behaviour;
• Report any incidents of victimisation or aggression they see within the organisation;
• Support colleagues who may be victims of aggression or victimisation and encourage them to report incidents; and
• Attend and actively participate in any training sessions provided by the employer so that they stay informed about the organisation’s policies and their role in maintaining a safe workplace.

Five practical steps for creating effective workplace policies

As we’ve outlined above, developing comprehensive policies is crucial in preventing and addressing victimisation and aggression within an organisation. When it comes to creating effective policies, here are five areas to focus on:

1. Define unacceptable behaviour: Clearly define what constitutes victimisation and aggression. Providing examples is an excellent way to help employees understand the types of behaviours that are not tolerated;
2. Outline reporting procedures: Detail the steps employees should take to report incidents;
3. Ensure confidentiality: Assure employees that all reports will be handled confidentially. This encourages more people to come forward without fear of retaliation;
4. Specify consequences: Clearly state the consequences for engaging in victimisation or aggression. This can include disciplinary actions such as warnings, suspension, or termination; and
5. Review and update regularly. Regularly review and update your policies to ensure they remain relevant and effective. Incorporate feedback from employees and learn from past incidents to improve your approach.

Once created, implementing these policies effectively will require a proactive approach. The first step is to ensure that senior management is committed to creating a safe workplace, as their support is crucial. Next, communicate your policies clearly and regularly using multiple channels, such as employee handbooks, intranet sites, and all-staff meetings, to ensure everyone is informed. Monitoring the workplace for signs of victimisation and aggression and conducting surveys and feedback sessions to evaluate the effectiveness of your policies, can identify areas for improvement. And finally, ensure that employees have access to support resources where needed.

Conclusion

Dealing with victimisation and aggression in the workplace is not only a legal obligation for employers but is also a critical component of fostering a healthy and productive work environment. By understanding the responsibilities of both employers and employees, implementing effective policies, and taking a proactive approach, organisations can create a safe and respectful workplace for all.