Workplace Relations Commission/Health and Safety Authority Launch Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work

This Code of Practice came into effect on 23 December 2020 and from that date it replaces the previous Code of the same name issued by the HSA in March 2007 and the “Code of Practice Detailing Procedures for Addressing Bullying in the Workplace” issued by the Labour Relations Commission in 2002, effectively combining them into a single operational Code.  

This revised dual Code, which applies to all employments in Ireland irrespective of whether employees work at a fixed location, at home or are mobile, provides practical guidance on the management of workplace bullying complaints and on the prevention of workplace bullying, in line with the requirements of the Safety, Health and Welfare at Work Act 2005. In addition, the Code reflects the WRC’s objective to achieve harmonious working relations between employers and employees through promoting compliance with relevant employment, equality and equal status legislation and codes of practice, early dispute resolution, mediation, conciliation, facilitation and advisory services, and adjudication on complaints and disputes.

The Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work is available at www.workplacerelations.ie and www.hsa.ie

The Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work provides practical guidance on the management of workplace bullying complaints and on the prevention of workplace bullying, in line with the requirements of the Safety, Health and Welfare at Work Act 2005, Section 8(2)(b).  The Code also outlines the WRC’s objective to achieve harmonious working relations between employers and employees through promoting compliance with relevant employment, equality and equal status legislation early dispute resolution, mediation, conciliation, facilitation and advisory services, and adjudication on complaints and disputes.

It may be noted that there are a range of state and non-state agencies which have a function in the area of workplace bullying.  Different pieces of legislation also have a bearing in preventing and managing bullying cases, some before the event, others in the management of cases as they arise and others still, after the fact. As this Code has been developed by the WRC and the HSA, only the roles of these two bodies are outlined in this new Code.

While failure to follow a Code prepared under the Industrial Relations Act 1990 is not an offence in itself, Section 42(4) provides that in any proceedings before a Court, the Labour Court or the WRC, a code of practice shall be admissible in evidence and any provision of the Code which appears to the Court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.

Similarly, while failure to follow this Code is not an offence in itself under the Safety, Health and Welfare at Work Act 2005, the Act provides that a Code of Practice published or approved of by the Health and Safety Authority shall be admissible as evidence in any proceedings under that Act.