There is more and more focus on positive culture in hospitality, meaning that the days of screaming chefs and tricks with hot knives should be behind us. In most cases they are, but in any workplace a few bad apples can affect a whole working culture, or a personal grievance can mean that someone becomes victimised – sometimes without anyone else noticing. In hospitality this can be exacerbated by late nights, long hours and high pressure, and sometimes by a more casual attitude to contracts and employee handbooks which leaves employees feeling exposed and helpless.

Starting a bullying claim can be arduous and stressful – but so can living with the misery of its negative impact. We’re aiming to empower you with the tools to move forward positively, and to arm you with detailed knowledge of what options are available to you to tackle it head on.

And the best piece of advice we can give you is to talk to people around you about what is going on. Not only could this form vital evidence if you need to take your claims further, but they can also give you a new perspective on things – whether you’re overreacting, or whether the issue is more serious than you’re allowing yourself to acknowledge.

1. WHAT IS WORKPLACE BULLYING?

2. WHAT ARE YOUR RIGHTS?

It’s usual to have disagreements in the workplace, it’s normal to have colleagues who you wouldn’t choose to spend time with outside of work, and it’s important to recognise that firm language needs to be used at times in any work setting. But bullying is different. It refers to unreasonable behaviour towards an individual or group, which causes physical or psychological harm and creates a hostile work environment.

Bullying can include (but is not limited to) verbal abuse, public humiliation, belittling, spreading rumours, exclusion or isolation, intimidation, excessive criticism and gaslighting. It can come from colleagues, supervisors, managers or even customers. It can also be directed at managers from staff (called ‘upward bullying’).

It can happen face-to-face, or in other communications, it can happen at work or in other work-related situations, for example after-work socialising, and it may not always be obvious or noticed by others. It is also possible that someone may not know that their behaviour is bullying, or intend to bully someone.

Employers and employees have a mutual duty to treat each other with respect. According to ACAS, employees have the right to have trust and confidence in their employer, and expect not to be bullied at work. Employers have the right to expect employees not to bully one another, to treat their managers with respect, and to follow reasonable instructions in line with their contract of employment.

Employers also have a legal duty of care to protect their employees from harm, which includes dealing with bullying. They should therefore take all complaints extremely seriously, and act swiftly.

It is important to note that, while employment law generally comes down on the side of the employee, workplace bullying can be hard to prove. It will usually rely on your ability to evidence harassment, victimisation or discrimination.

3. HOW TO IDENTIFY BULLYING BEHAVIOURS

4. UNDERSTAND THE IMPACT OF BULLYING

ACAS has a really useful breakdown of behaviour that is NOT bullying, behaviour that is UNINTENTIONAL bullying and behaviour that is DELIBERATE bullying, here. This can help you if you are uncertain.

Pay attention to recurring patterns of negative behaviour, such as insults, derogatory comments, raised voice or sarcasm, or the use of intimidation tactics, threats or aggressive body language.

Notice any actions that undermine or belittle your work, your ideas or your contribution. Be aware of any exclusionary practices, such as withholding information, isolating you from social activities, or purposefully leaving you out of meetings or events. Watch for instances of sabotage, micromanagement, or unrealistic work expectations that are intentionally designed to undermine what you do.

It’s also important to consider WHY this bullying is taking place. Is this person a bad apple, what part could you be playing in the situation, is this an issue with the wider workplace culture, are there structures in place which excuse or encourage negative behaviour? Each of these considerations might require a different approach to resolution. 

Bullying can hugely affect your performance at work, and also impact every aspect of your life. You might have feelings of hopelessness or helplessness, and feel an erosion of your self-confidence, self-worth and self-esteem, making you question your abilities and value. All that can have significant physical consequences too, giving you insomnia, headaches, muscle tension, digestive issues, a weakened immune system and more.

The impact on your work is likely to be significant. The constant stress and distraction caused by bullying can mean you find it hard to concentrate, make decisions or complete tasks effectively. It can reduce your productivity and quality of work, and increase errors. This in turn can give the bully yet more ammunition, and increase your feelings of hopelessness.

It can have significant long-term effects too: the feelings you have are likely to impact your motivation to progress, and your confidence to pursue other opportunities. It can also affect your reputation. Outside of work your relationships might be affected and you might begin to isolate yourself from the life you previously enjoyed.

All this makes addressing the issue a huge priority, for your current and future wellbeing, and for your life inside and outside work.

5. KEEP A RECORD

It’s important to maintain a detailed record of bullying incidents, so that you have evidence to avoid a he-said-she-said situation. It might also help you to have a more accurate overview of the situation, so that you can process what’s happening yourself. Preserve any written evidence related to bullying incidents, such as emails, texts, Slack or other internal messaging system, or social media.

Use a dedicated notebook or the notes on your phone to document each incident, ensuring it remains confidential and easily accessible. You could even consider sending texts to yourself, so that each incident is time stamped. Include dates, times, locations, the people involved, and descriptions of each event. You should mention any and all relevant details such as witnesses present, what was said, any actions that were taken, and the emotional or physical impact on you.

You should always discuss what’s happening and how it’s affecting you with friends and family. Not only will they be able to give you another point of view, but it may be important evidence if you need to escalate your complaint.

6. WHAT ARE YOUR WORKPLACE POLICIES?

Always read the employee handbook! This is important for all sorts of things, but especially in this case as it will outline policies and procedures related to bullying, harassment and grievance resolution. Take a note of HOW to report the grievance. Who should you take this to? What is the department which handles these complaints?

In hospitality we often find that there is no HR department, sometimes no contract or employee handbook. That means it can be tricky to work out what to do. You should contact ACAS (Advisory, Conciliation and Arbitration Service), which has people on hand who will be able to give you fantastic specialist advice about everything from knowing your rights, to reporting procedure, right through to how to take legal action.

7. RAISING THE ISSUE INFORMALLY

8. RAISING THE ISSUE FORMALLY

It’s a good idea to raise the issue informally first, to avoid escalation. If you feel you can, start by bringing this up with the perpetrator. In a best-case scenario they may not realise what they’re doing and the effect that it has on you. Talking about it may be enough to encourage them to change their behaviour.

If talking to the person doesn’t work, isn’t appropriate, or makes you too uncomfortable, you should speak to HR, your line manager, the perpetrator’s line manager or someone else at work to address your concerns informally. They can help mediate the situation to help everyone reach a resolution.

When you ask to have a conversation about this, choose your moment wisely and ask for time to be set aside so that you are not interrupted or distracted. You can also ask for someone you work with to be with you – for example a colleague or a union representative – however it is at your employer’s discretion to agree (n.b. if they do not agree, any potential legal case might be stronger as they could be showing an unwillingness to resolve the issue).

Prepare what you want to say in advance. Stay calm, explaining what they did and how it made you feel. Be firm and stand your ground, but do not be aggressive. Think about what you’d like your employer to do. Remember that resolution is a two-way process: even though the grievance is yours, you should also listen to your employer. If you don’t find their suggestions satisfactory, tell them why. Try to continue a positive dialogue until you reach a plan of action which everyone is happy with.

If an informal discussion does not result in positive action, or if the issue is very serious (eg sexual harassment or whistleblowing), you can raise a formal grievance. Your employer should have its own grievance procedure, which should follow this ACAS code of conduct as a minimum, be set out in writing, and be easy to find. This is a legal matter, and the procedure followed will be taken into account if the case reaches an employment tribunal.

You should always raise the grievance in writing – you can use the ACAS grievance letter template here. It should include what the grievance is about, details of the incidents, the individuals involved, any supporting evidence such as emails or screenshots, and note what you would like your employer to do to resolve the issue.

9. WHAT SHOULD A FORMAL INVESTIGATION LOOK LIKE?

Your employer should then conduct a formal investigation (aka a formal grievance procedure). This should involve gathering testimonies and evidence from all sides – yourself, the accused party and any eye witnesses. It should then consider all the information in an unbiased way, and keep records of everything – including their decisions and actions, and why they took them. This should be done completely confidentially.

If they find evidence of bullying, they should instigate disciplinary procedures against the perpetrator in line with their misconduct policies – which should follow this ACAS code of practice, at a minimum. You can find out more about the requirements for a disciplinary hearing here. If your employer finds that there is evidence of gross misconduct, that will result in immediate dismissal. Otherwise there is likely to be a disciplinary action in the form of warnings, which can leave you still working in the same environment. That can be awkward! You could ask to be put on different shifts, but in a smaller environment it may not be possible. This is another reason why diffusing the situation is likely to be a better option, if possible.

If you have been unable to reach satisfactory resolution, and you believe that the bullying can be proved to be harassment, discrimination or victimisation, you may want to go down a legal route. In this case you should call ACAS, who can advise and support you through the process. Bullying behaviour is harassment if it relates to age, disability, gender, race, religion or belief, sex or sexual orientation. This is a clearer-cut legal claim.

THE TAKEAWAY…

Not all interpersonal issues at work are bullying, and not all bullying needs to be resolved through formal grievance procedures or escalated to legal action. However, if your situation is having an impact on your welfare then it is important that you resolve it through the correct channels. This can be challenging in the historically more ‘casual’ employment environment of hospitality, but there are nevertheless various options available to you. Employment law is strict and it is there to protect and support you in the workplace.

RESOURCES

ACAS is absolutely fantastic, giving employees and employers free, impartial advice on workplace rights, rules and best practice. They have tons of information on their site, and their helpline is absolutely fantastic.

The National Bullying Helpline is a fantastic resource, including lots of information, real-life examples and also a telephone number that you can call for support from 9am to 5pm, Monday to Friday.

The Chartered Institute of Personnel and Development has some great downloadable fact sheets put together by HR professionals.