Bullying and Harassment at Work: Employer Duties in Irish Construction
Irish construction employers have clear legal duties to prevent and address workplace bullying and harassment.
# Bullying and Harassment at Work: Employer Duties in Irish Construction Construction sites have a reputation for a tough working culture. Banter, strong language, and a certain directness are often seen as part of the environment. But there is a clear legal line between a robust working culture and workplace bullying or harassment, and Irish employers in the construction sector have significant legal obligations to prevent and address both. This guide explains what constitutes bullying and harassment under Irish law, what employers are legally required to do, and the practical steps that construction companies should take to meet their obligations. ## Defining Bullying and Harassment The Health and Safety Authority (HSA) and the Workplace Relations Commission (WRC) both have roles in addressing workplace bullying and harassment in Ireland, and they use slightly different definitions. **Workplace bullying** is defined by the HSA as "repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual's right to dignity at work." The key elements of this definition are that the behaviour must be repeated, it must be inappropriate, and it must reasonably be regarded as undermining dignity. A single incident, however unpleasant, does not generally constitute bullying — though it may constitute harassment or a disciplinary matter. **Harassment** under the Employment Equality Acts 1998-2015 is defined as any form of unwanted conduct related to a protected characteristic — gender, civil status, family status, sexual orientation, religion, age, disability, race, or membership of the Traveller community — that has the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment. **Sexual harassment** is a specific form of harassment involving unwanted conduct of a sexual nature. It is addressed in the Employment Equality Acts and the Code of Practice on Sexual Harassment and Harassment at Work. ## Why Construction Is Particularly Exposed The construction industry has characteristics that create a heightened risk of bullying and harassment: A predominantly male workforce, with a culture that has historically been slow to challenge inappropriate behaviour. Hierarchical structures where workers are reluctant to report problems with supervisors or senior tradespeople. Temporary and transient workforces where workers may feel insecure about their employment and unwilling to make complaints. High-pressure environments where deadlines and cost pressures can create stress that manifests as aggressive behaviour. The HSA has identified construction as one of the sectors where workplace bullying is a significant concern. The consequences for individuals can be severe — stress, anxiety, depression, and physical health problems — and the consequences for employers can include legal liability, reputational damage, and loss of skilled workers. ## Legal Framework The legal obligations on Irish construction employers in relation to bullying and harassment come from several sources. **The Safety, Health and Welfare at Work Act 2005** places a duty on employers to manage and conduct work activities in such a way as to prevent, as far as reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk. The HSA has made clear that this includes bullying and harassment. **The Employment Equality Acts 1998-2015** prohibit harassment and sexual harassment in the workplace and impose obligations on employers to prevent and address both. **The Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work** (2021) sets out the steps employers should take to prevent and address workplace bullying. While the Code is not legally binding in itself, failure to follow it is taken into account by the WRC and the courts when assessing whether an employer has met their obligations. **The Code of Practice on Sexual Harassment and Harassment at Work** (2012) sets out similar guidance in relation to harassment and sexual harassment. ## Employer Obligations Under Irish law, employers have the following obligations in relation to bullying and harassment: **Prepare a written anti-bullying and harassment policy.** The policy should define bullying and harassment, state clearly that they will not be tolerated, set out the procedure for making a complaint, and identify who workers should contact if they experience or witness bullying or harassment. **Include the policy in the Safety Statement.** The HSA requires that the Safety Statement addresses the risk of bullying and harassment and sets out the controls in place to prevent and address it. **Provide training.** Managers and supervisors should be trained to recognise bullying and harassment and to respond appropriately. All workers should be made aware of the policy and the complaints procedure. **Investigate complaints promptly and fairly.** When a complaint is made, it must be investigated promptly, thoroughly, and fairly. Both the complainant and the person complained about have a right to fair procedures. **Take appropriate action.** Where an investigation finds that bullying or harassment has occurred, the employer must take appropriate action — which may include disciplinary action against the perpetrator, support for the victim, and measures to prevent recurrence. **Protect complainants from victimisation.** An employee who makes a complaint in good faith must be protected from victimisation. Dismissing, penalising, or treating adversely an employee who has made a complaint is itself a breach of the Employment Equality Acts. ## The Anti-Bullying Policy Every construction employer should have a written anti-bullying and harassment policy. The policy should be clear, accessible, and communicated to all workers — including agency workers, subcontractors, and temporary workers. A good policy will include: - A clear statement that bullying and harassment will not be tolerated - A definition of bullying and harassment, with examples of behaviours that are and are not acceptable - An informal resolution procedure for less serious cases - A formal complaints procedure for more serious cases - The name or role of the person to whom complaints should be made - A commitment to confidentiality and fair procedures - A statement that victimisation of complainants will not be tolerated - The consequences of engaging in bullying or harassment The policy should be reviewed regularly and updated as needed. ## Practical Steps for Construction Employers **Step 1: Assess the risk.** Include bullying and harassment in your risk assessment. Consider the specific features of your workplace — the size of the workforce, the nature of the work, the management structure, and any known issues — and identify the controls needed. **Step 2: Prepare or update your policy.** If you do not have a written anti-bullying and harassment policy, prepare one. If you have one, review it to ensure it is up to date and meets current requirements. **Step 3: Communicate the policy.** Make sure all workers know about the policy. This may mean including it in induction training, posting it on site notice boards, and discussing it at toolbox talks. **Step 4: Train managers and supervisors.** Managers and supervisors are often the first point of contact for complaints. They need to know how to respond, how to maintain confidentiality, and when to escalate to HR or senior management. **Step 5: Create a culture where concerns can be raised.** Workers are more likely to report problems if they believe they will be taken seriously and that they will not face negative consequences for doing so. This requires active leadership from site managers and company directors. **Step 6: Respond promptly to complaints.** When a complaint is made, act on it quickly. Delays in responding can make the situation worse and increase the employer's legal exposure. ## Conclusion Bullying and harassment are not just HR issues — they are health and safety issues, and Irish construction employers have clear legal obligations to prevent and address them. The obligations include preparing a written policy, including the risk in the Safety Statement, training managers and supervisors, and responding promptly and fairly to complaints. A construction site where workers feel safe and respected is also a more productive and safer site in every other respect. The investment in getting this right is worthwhile. If you need assistance reviewing your Safety Statement to ensure it addresses the risk of bullying and harassment, or developing a policy for your company, Safety Check can help. Contact us at [safetycheck.ie/contact](https://www.safetycheck.ie/contact). ## References [1] Safety, Health and Welfare at Work Act 2005. Available at: https://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/html [2] Employment Equality Acts 1998-2015. Available at: https://www.irishstatutebook.ie/eli/1998/act/21/enacted/en/html [3] Health and Safety Authority - Work-Related Stress, Bullying and Harassment. Available at: https://www.hsa.ie/eng/your_industry/general_safety_and_health_management/work_related_stress_bullying_and_harassment/ [4] Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (2021). Available at: https://www.hsa.ie/eng/publications_and_forms/publications/codes_of_practice/code_of_practice_for_employers_and_employees_on_the_prevention_and_resolution_of_bullying_at_work.pdf