Dignity in the Workplace
- Introduction
1.1 All employees are entitled to work in an environment that is physically and psychologically safe, where they are treated with dignity and respect and are protected from discrimination, bullying, harassment and sexual harassment.
1.2 Irish equality and health‑and‑safety legislation place clear obligations on employers to safeguard employees from negative workplace behaviours. A written policy alone is insufficient; employers must ensure ongoing training, communication and review.
1.3 This Guide supports the Employer’s Dignity at Work Policy by providing practical, accessible information to help foster a respectful, inclusive workplace culture.
- Purpose of the Dignity at Work Policy
2.1 The Policy aims to create a workplace where all employees are treated fairly and respectfully, and where bullying, harassment and sexual harassment are not tolerated.
2.2 Respect is the foundation of this Policy. A culture of dignity requires cooperation between employers, employees, clients and other stakeholders.
2.3 The Policy seeks to embed dignity and respect as core organisational values, establish zero tolerance for inappropriate behaviour, and ensure all individuals understand their responsibilities.
- Legal Foundations
3.1 The Policy is grounded in the Safety, Health and Welfare at Work Act 2005 and the Employment Equality Acts 1998–2021.
3.2 Two Codes of Practice provide practical guidance: the Code of Practice on the Prevention and Resolution of Bullying at Work (HSA and WRC) and the IHREC Code of Practice on Sexual Harassment and Harassment at Work.
3.3 These Codes are not legally binding but may be used as evidence before the WRC, Labour Court or other courts.
- Creating a Positive and Respectful Workplace
4.1 A supportive workplace environment is central to preventing bullying, harassment and sexual harassment.
4.2 The Policy emphasises prevention, fairness, sensitivity, confidentiality and respect for all parties involved in any concern or complaint.
4.3 Psychologically informed questions (e.g., “How can we work together more effectively?”) can promote constructive communication and early resolution.
4.4 Where possible, issues should be resolved locally and through mediated settlement.
- Scope of the Policy
5.1 The Policy applies to employees, contractors, volunteers and any individual engaged in work‑related activities, including off‑site events and social functions.
5.2 The Policy does not apply to incidents outside work with no work connection, complaints already under legal or Garda investigation, or complaints that do not meet the definitions of harassment or sexual harassment.
- Employer’s Duty of Care
6.1 Employers must provide a workplace free from bullying, harassment and sexual harassment. Section 8 of the 2005 Act requires employers to ensure a safe working environment.
6.2 The Employment Equality Acts provide statutory protection against harassment and sexual harassment.
6.3 An effective Policy must be clearly written, accessible, supported by training and regularly reviewed.
- Key Elements of an Effective Policy
7.1 The Policy must define bullying, harassment and sexual harassment.
7.2 The Policy must clearly define bullying, harassment and sexual harassment, using clear, accessible language and examples that reflect the workplace environment.
7.3 The Policy must include relevant examples of behaviours that constitute bullying, harassment and sexual harassment, making clear that these examples are illustrative rather than exhaustive.
7.4 The Policy must identify who employees can approach with concerns, including designated contact persons and alternative options where the concern involves a manager or supervisor.
7.5 The Policy must confirm that employees are protected from inappropriate behaviour by managers, colleagues, subordinates, clients, customers, contractors, volunteers and any other work‑related contacts.
7.6 The Policy must extend this protection to off‑site locations and work‑related events, including training days, conferences, meetings and any social functions connected to work.
7.7 The Policy must guarantee that all complaints will be taken seriously, handled promptly, and investigated in a fair, sensitive and confidential manner.
7.8 The Policy must make clear that victimisation is prohibited, and that no employee will be penalised or treated unfairly for raising a concern or participating in an investigation.
- Responsibilities of Management, Employees and Trade Unions
8.1 Management Responsibilities
8.1.1 Managers and supervisors must model respectful behaviour, promote awareness of the Policy, remain vigilant for signs of bullying, act early to prevent escalation, handle complaints sensitively, prevent retaliation and monitor situations after complaints.
8.2 Role of Trade Unions
8.2.1 Where applicable, trade unions may support policy development, provide training and information, represent employees and promote collective strategies to prevent bullying.
8.3 Responsibilities of Employees
8.3.1 Employees must contribute to a respectful workplace, cooperate with preventive measures and understand that substantiated bullying or vexatious complaints may lead to disciplinary action.
8.4 Bullying by Non‑Employees
8.4.1 Bullying by clients, customers or business contacts will not be tolerated. Sanctions may include exclusion from premises or termination of services.
- Communication of the Policy
9.1 The Policy must be communicated through induction, staff handbooks, training, posters, leaflets, newsletters, websites, email, toolbox talks and notice boards.
9.2 New employees must receive the Policy at induction; existing staff must receive regular updates.
- Distinguishing Bullying, Harassment and Sexual Harassment
10.1 Bullying and harassment are often confused, but the law distinguishes them clearly.
10.2 Harassment relates to the nine protected characteristics under the Employment Equality Acts.
10.3 Bullying involves repeated inappropriate behaviour that undermines a person’s dignity at work.
- Bullying: Definition, Criteria and Examples
11.1 Bullying is repeated inappropriate behaviour, direct or indirect, that undermines a person’s dignity at work.
11.2 The Supreme Court (Ruffley v Board of Management of St. Anne’s School, 2017) confirmed that bullying must be repeated, inappropriate, connected to work and capable of undermining dignity.
11.3 Examples include exclusion, verbal abuse, belittling, spreading rumours, isolation, intimidation, excessive monitoring, manipulating duties, aggressive language, hostile gestures and withholding essential information.
- What Is Not Bullying
12.1 The following do not constitute bullying: performance management, constructive feedback, differences of opinion, reasonable disciplinary action, assignment of duties and workplace conflict without undermining behaviour.
- Cyberbullying and Cyber‑Harassment
13.1 Cyberbullying includes harmful behaviour carried out through digital means such as social media, messaging apps, email or online forums.
13.2 Examples include abusive messages, hurtful comments, spreading rumours, posting offensive images, excluding colleagues online, impersonation, creating fake profiles and using AI to create harmful images.
13.3 Cyber‑harassment includes harmful digital behaviour that causes distress, humiliation or intimidation.
- Harassment and Sexual Harassment: Definitions and Scope
14.1 Harassment is unwanted conduct related to any of the nine protected grounds that violates dignity or creates a hostile environment.
14.2 Sexual harassment is unwanted conduct of a sexual nature that violates dignity or creates an intimidating, humiliating or offensive environment.
14.3 A single incident may constitute sexual harassment.
14.4 Harassment may occur even if the perpetrator incorrectly assumes a protected characteristic.
14.5 Employers are liable for harassment committed by employees during employment.
- Protected Grounds Under the Employment Equality Acts
15.1 The nine protected grounds are
15.2 Gender,
15.3 civil status,
15.4 family status,
15.5 sexual orientation, r
15.6 religion,
15.7 age,
- 8 disability,
15.9 race and
15.10 membership of the Traveller community.
- Independent Contact Person / Champion Role
16.1 Organisations may appoint an independent “Champion” or “Contact Person” to support a respectful workplace culture.
16.2 This role sits outside HR and provides an impartial point of contact for employees.
- Vicarious Liability
17.1 Employers may be held responsible for bullying or harassment carried out by employees during the course of employment.
17.2 Online communication can blur the boundaries of what constitutes “in the course of employment”.
- Reasonably Practicable Steps Defence
18.1 To rely on this defence, employers must maintain a comprehensive Policy, provide clear complaint procedures, address complaints promptly and fairly, provide ongoing training, communicate the Policy effectively, promote a culture of respect and reinforce zero tolerance for breaches.
- Roles of the HSA and WRC
19.1 Health and Safety Authority (HSA)
19.1.1 Employees may report workplace bullying to the HSA. The HSA may provide guidance, issue improvement directions, take enforcement action or refer matters for prosecution in serious cases.
19.2 Workplace Relations Commission (WRC)
19.2.1 The WRC provides mediation and deals with industrial relations complaints where both parties agree to participate. It may issue non‑binding recommendations.
- Conclusion
20.1 A respectful workplace is essential for employee wellbeing and organisational effectiveness.
20.2 This Guide supports the Employer’s Dignity at Work Policy by providing clear definitions, responsibilities and procedures to prevent and address bullying, harassment and sexual harassment.
20.3 Creating a culture of dignity requires ongoing commitment, communication, training and leadership at all levels.