Workplace Weekly E2:  The Cost Of Workplace Bullying & The #StopHurtAtWork Campaign with Nicki Eyre FRSA

Workplace Weekly E2: The Cost Of Workplace Bullying & The #StopHurtAtWork Campaign with Nicki Eyre FRSA

Workplace Weekly E2: The Cost Of Workplace Bullying & The #StopHurtAtWork Campaign with Nicki Eyre FRSA

Google Lady  00:00

You're listening to workplaces weekly, covering workplaces and labor activism and trying to have a remotely decent time doing it. Cool. As Craig David calls we are born to do it. Let's do this thing

Kate Bailey  00:27

Hello, everyone, welcome to workplace weekly, your favorite podcast about workplaces. This episode is all about bullying a topic which we will revisit many times, I'm sure. But we'll be getting into today. It's something that we talk about all the time. But a lot of the behaviors that we see in bullying, often are technically legal. That's what this episode is about. Fanny, you want to give us a definition of workplace bullying because I think it's worth sort of defining what it really is

Fanny Wandel  00:57

for sure. So workplace bullying is repeated and unreasonable behavior that is directed towards an employee or a group of employees. And this would create a risk to both health and safety. So some common behaviors of workplace bullying include verbal abuse, intimidation, exclusion, and spreading rumors or false information. Other behaviors might include physical aggression, sabotaging work or deliberately withholding information needed for work. And it's really important to note that workplace bullying can take shape in many forms, and it might not always be immediately recognizable.

Kate Bailey  01:30

Yes, and I think that loss sentiment, they're not immediately recognizable covers off a lot of the conduct that we hope to unpack in workplaces weekly. It's the things that are under the surface. The events incidences patterns of behavior that give you as the person the recipient, an uneasy feeling, but you can't quite pin it down. So a lot of times when people come forward with complaints that could be described as bullying, they're often dismissed. Because it doesn't seem like much a lot of the time. On the surface, it can seem very superficial, it can seem as though the person is being hypersensitive, there are a lot of reasons why a genuine complaint about a behavior that shouldn't be accepted and workplace just doesn't go anywhere. A lot of people see it as a severe reaction to something that happens to everyone, oh, everyone goes through that. But it's actually severe behavior, and a very normal reaction to have a traumatic response to this type of behavior. Now, before we get into today's interview with Nikki and I were going to be discussing a bullying story, which has been in the headlines, not just recently or in the last year, but for a number of years. And when it wasn't in the headlines, it was definitely within the gastronomy industry, something that people would talk about frequently, and I'm discussing Noma and the experiences people had while working there. I'm gonna hand this straight to you funny, because it's kind of interesting. This is one part where we as strangers up until two years ago, our worlds didn't intersect. But I very much feel that my background in gastronomy and your presence in the Copenhagen food and beverage scene kind of collides these worlds together.

Fanny Wandel  03:19

Yeah, absolutely. Well, with Noma it's been a really interesting might be the wrong word. It's been enlightening to follow the issues going on there. I definitely am a service industry person as well. I've been under the spell of Noma and those elite high end elite restaurants for sure. And anyone in Copenhagen and works within food and beverage, I think everyone tries to model it, because it's successive Noma. So with them. The Workplace Bullying that's allegedly taken place, there has been well documented for I would say, about 10 years. And the first article I was ever able to find about that was from a Danish publication called Utahans person. And what had happened with Noma was they had someone leak the contracts for their stock shares. And then these contracts that were very, very explicit about the behavior you were expected to show up with. And so

Kate Bailey  04:26

and just to confirm, for those that might not know, Estancia is someone who goes in and works essentially for without pay. It's the experience and therefore the credibility that they get from having had that experience.

Fanny Wandel  04:38

Yeah. And it's very coveted especially with a Noma. I think the mentality there is once you work at Noma, you can get any job you want. So it's worth working for free, right or, Oh, you're getting all the experience like that's what you're getting paid. Yes,

Kate Bailey  04:51

it's to gastronomy as to what design photography any other creative thing is to someone who produces something for a magazine Yeah, yeah, you're there for the exposure. Yeah, you're working off of a lot of social capital. Yeah, exactly. unexposed people work. Yeah.

Fanny Wandel  05:07

But back to this article from 2013. From New Orleans person, it's where the Stasha contract had been leaked, it was very specific about, you know, meetup times what you were expected to people to provide for yourself before your staff even started, you know, like, all the accommodation and Copenhagen is really expensive. You basically pay to work for free at Noma. Next, you had all the sort of guidelines for how they had to conduct themselves within the workplace. And I mean, what confidentiality, totally understand that within a business perspective, but in this contract specifically, it stated that something like sharing photos from the workplace from the Noma kitchen on social media that could end you up on a blacklist failing to comply with like the terms of your stash. So if you end your stash early, you can knock on a blacklist,

Kate Bailey  05:59

and the blacklist being ultimately a list of names where you know, this thing that you did the storage, like has no weight because they're not willing to support you. And if anything, may even go a little bit further and degrade due to a potential employer. It very explicitly

Fanny Wandel  06:15

states that it says you'll end up on a blacklist that we share with people we have good relationships with.

Kate Bailey  06:21

Oh, so they're just sharing the list, unsolicited? Yeah. That's a blacklist. Yeah,

Fanny Wandel  06:26

that's a blacklist that says as much it's it's pretty shocking. Yeah. And then either covered the story as well. And no mind response, of course, said we don't actually blacklist, it's never been something that they've put into effect at all.

Kate Bailey  06:42

So the contracts are out there in the world. And numerous as No,

Fanny Wandel  06:46

no one ever been blacklisted. Oh, yeah. No one's been blacklisted. Maybe we have the

Kate Bailey  06:50

policy. We just haven't enforced it. And yeah,

Fanny Wandel  06:53

but maybe that goes to show that their policy works really, really well. And people are super scared to be blacklisted. 10 years later, now we're here today, in 2023. I'd say for the last year especially. Or maybe even the two last two years. An article came out from the New York Times from Julia Moskin uncovering a lot of misconduct going on at a former Noma chef's restaurant in Washington state that sort of had a ripple effect. And as of last year, no one has really been under the gun. In the public sphere. People have been really critical. And as recently as maybe six months ago, Noma had committed to start paying their stashes. Interestingly, when we started this new year in January, New York Times comes out, Noma saying that it's not actually sustainable to pay people. And no as we know, it is going to close in 2025. But it's going to be reconceptualize. So closing, I think is maybe the wrong word choice. You'll still be able to eat their food.

Kate Bailey  07:57

Yeah, I'm 100% certain that empire is not going anywhere. But it's an interesting way to phrase the closing of an establishment like that, but do go on. Yeah,

Fanny Wandel  08:06

yeah, we're closing in two years, but not really. Yeah. Anyways, it's been very enlightening. Very interesting. They've been under the gun, I guess, especially with more powerful industry voices chiming in and being very critical of, especially that announcement. Yeah. And then I guess, to put myself into this situation, when they had announced that I, of course, was sharing a little bit about it, not a lot, but I was sharing the articles and I was sharing more critical perspectives about this sort of PR exercise that was happening. Next thing, you know, an individual that I'm familiar with, writes me and asked me if I'm able to see the Noma Instagram stories, because they can't, and they think that they're blocked. And I go and I check and I see nothing. And then hey, what do you know? I manage the hand on heart social media, so I can check with you there. Yes, guess what I saw I saw a Noma story.

Kate Bailey  09:09

Oh, you got blacklisted

Fanny Wandel  09:11

on social listed on social? Anyone

Kate Bailey  09:13

know blacklisted by normal? You heard it here first. Yeah.

Fanny Wandel  09:17

Not the first time. But well, by no my Yes. First time for sure. Then, yeah, I mean, should we even is it worth getting into the gaslighting that I had to deal with right after but that was where I then very publicly announced that I can't see their stories. And I think within the hour, the Noma social media account that was like a million followers wrote me and basically was like, oh, you know, you're not blocked. She was blocked. I was very blocked, very blocked and it was a big back and forth. I even recorded my screen to show them where to go in on the settings to unblock me.

Kate Bailey  09:57

This is the best restaurant in the world social media. Yeah. She said, two or three things on her community page go on

Fanny Wandel  10:05

nothing. Nothing explicit about them, I'd say but yeah. And then next thing, you know, after a little bit of back and forth and resistance, then they said that they had corrected the problem.

Kate Bailey  10:16

corrected the problem. Yeah, very good. Yeah. Who knew that was a problem in the first place? It's hard to say

Fanny Wandel  10:21

it was really, I gotta say the best part of that interaction was when they claimed that I must have muted or blocked them, but I don't follow him on Instagram.

Kate Bailey  10:30

So this is worth talking about, I think, because a lot of what we've seen over the last two years when it comes to public allegations of bad working environments, is the immediate gaslight. Like it's your problem. No, no, no, something's wrong. No, no, no, no, no, no, no, no. And then there's very quiet. Oh, that's been fixed. Yeah. And no, it was interesting, because I haven't even done that. With the, with the workplace allegations. But I do want to highlight as well outside of this, which is just a tiny example of what I think is the pettiness of that industry, and the fear that people have about the truth and maybe the fear that they have of what has happened behind closed doors. So the thing about NUMA is that the allegations about their workplaces are severe. I have been writing about them in my just from my own notes, and various things like that, and just in various professional ways, keeping track of normal, and it goes back really to their Australia trip to not paying First Nations people for the food that they help them forage, essentially, they choose to pay a different supply, even though Renny was filmed out there with the First Nations person being shown how to forage the food, small examples like that right through to a sous chef that I had, that I was working with, who had described to me what they had experienced while working there, in the front of house, and the colorful language that was being used by Rene. But I also think, so therefore, I think that it shouldn't be taken with a grain of salt is not entertainment. It's really serious stuff. And I think you've got a pretty good example as well of the just just to color the lines and a little for people.

Fanny Wandel  12:22

Yeah, um, so last year, I had shared it took a long time to find this, there was a Noma documentary by a news channel called Dr. In Denmark. And it was from I believe, 2008 called Nomad boiling point. So hard to find, I needed some special login for that I borrowed from like a uni student I know to go see it. And then I shared clips of it, because it does not portray its owner in the best light. It shows a very explosive temper. And one can only imagine that this was kind of curated already. Yeah. That's just a hunch i Yeah,

Kate Bailey  13:04

it's conjecture, but I think it's reasonable. Yeah.

Fanny Wandel  13:08

And because I shared that that obviously brought a lot of people into my inbox, who were telling me a bit about their experiences via that other Michelin restaurants, or in this case. So we're going to talk about now this was specific to the Noma family and Rene, and this was someone who had then seen the video that I shared, and it spoke volumes to them, they said that it brought a lot back for them with their experience. Going without going into too much detail of their time there. They had ended up putting a notice pretty fed up with the behavior. And it had angered Rene so much that he had exchanged words with this individual and this individual had already put in notice. So that was not a popular move. And it escalated to a point not of being violent, but hands were put on someone and a third co worker needed to split them apart. Okay, yeah. So definitely intimidating as hell. I've never I've had a bad a lot of bad work experiences, but getting physical. That's just unacceptable. Yeah. And then I remember my conversation with this person, this person is doing just fine now and seems to have healed quite a bit. But we had a lot of discussions about, you know, what were their feelings, leaving on those times? Did they fear for their career, if they wanted to continue within hospitality? And they said, you know, maybe if they remained within the food space, they imagine that it would have been really, really hard for them.

Kate Bailey  14:43

Yeah. And we've seen this in multiple industries, where you can if you kind of reach that echelon, you know, the cool kids, the elite places, things like that, that it's almost a career as a career maker. a career break up. Because if it doesn't work out for you in that environment, if you can't hook it being, you know, having hands put on you by the person who owns the business you're working for, if you can't hook it, yeah, then the chances of you being able to feel safe to go out into the rest of the community, and get another job and work in that capacity again, is very, very limited. Yeah. And so that is why a lot of people leave. Yeah, it's not for a lack of competence or a lack of skill. It's just literally we can't deal with that often off.

Fanny Wandel  15:33

Yeah. But it's also I mean, I know that the situation over there used to be probably isn't anymore with all the issues they've had. But I'm well aware that rids up is wife's mother, his mother in law is eight or used to be HR within the Noma group. Right. So that also upholds a lot of the conduct that's going on there. How do you feel comfortable going to your boss's mother in law, the best chef in the world mother in law, and saying, Hey, he flipped out on me. Yeah, what am I going to do?

Kate Bailey  16:04

Yeah, and and that just goes back into the Danish culture that we've seen, and I think is very interesting for people because we have listeners in the US, we have listeners in the UK and all across the EU. I think Denmark does a fantastic job of portraying this sort of utopia of your rights being respected. But a lot of the infrastructure in Denmark because Denmark is small, has family members, as HR friends as HR. And HR is generally seen of light, as you know, everything's so good here. Why would we even need it? Like we don't even have racism? Do you see black person is or racism in Denmark? I feel like which,

Fanny Wandel  16:47

you know, especially maybe I like to think that a lot of people within food and beverage are maybe a little immature. We all are. And yeah, myself included. But HR is kind of presented to us as the sort of like high school counselor they can go and chat with and then everything will be good after. And it's not

Kate Bailey  17:05

No, yeah, no, because there are things there are processes and things that have to happen. And I guess like bringing it all back around to today's topic, workplace bullying, the legality of it, and really getting into the nuts and bolts of that. In a country like Denmark. The workers that a place like neuroma can go and report to certain agencies and unions. But nothing happens. Nothing is happening because that system is also broken. So when we talk about all of this normal stuff, we've got a decade of things here is because the systems that are meant to enforce these good standards are not working. Yeah. Because if they were, I don't think that we would have empires like what we have houses of cards, which are built on models of exploitation, and silence.

Fanny Wandel  17:56

Yeah. It would be really hard to for anyone to really take distance from him. The way that Danish people look at it is he put a mark on the map? Food wise, he did. foodwise he did. And he made it a very popular travel destination. 10 years ago, 11 years ago, when I finished school, none of my friends wanted to come to Europe. Yeah, now they do. to Denmark. Really? What? Yeah,

Kate Bailey  18:19

at what cost? Not to quit. If for my Scottish listeners, that's a lemme mean, Paul's hills. And,

Google Lady  18:26

you know, what cost? What that would cost?

Kate Bailey  18:32

At what cost? Because the thing is, is, is it really, you know, this was a glorified art project, if you really think about it, because it ain't a food business. No, we know that, because he's just told us. Yeah, but the business model has not changed. The only thing that changed was paying people. Yeah, so it was an art project. And at the end of the day, what glory should these CEOs and these the owners, that ultimate person benefiting? What glory can they really take when it's sort of like the House of Cards is just a bunch of people's broken dignity? Yeah. Like, that's, that's what your empire is made up of? Well, I don't know. And this is something I just really hurt changes as society is changing away from this culture of adultery, which I think we saw in hospitality before we saw it in more mainstream business culture. Yeah.

Fanny Wandel  19:29

It's hard to say I mean, what I the pattern that I keep noticing with Rene Redzepi, with David Chang, it is the fact that they preemptively get to an issue before the rest of the world does. They rehabilitate their image. And then like we saw with David Chang, you know, he presented his behavior and some of the incidences in a very watered down version, and obviously, he pushed back because of that, and he minimized it to such an extent that it just you know, but his reach is what then? trumps everything that comes from employees because he's world famous and his narrative is so powerful.

Kate Bailey  20:11

Yeah. And and what we find ourselves left with is a society ultimately that is rewarding bullies, no one bullies. And I think we're really at a point where we have to ask is that the type of society that we want to be? So on that note, let's get into today's interview, we're going to do a short little introduction and then we'll be discussing all of this and more not Noma, bullying, all of this and more with Nikki. Hey, you, yeah, you listen up. What police weekly is an entirely independent production funded by the commercial activities of hand and Ha, we do not run any membership or subscriber options, but we ask you that if you'd like to support our work, please share our work on socials. Tell your friends to listen to an episode and send them a link and rate review and subscribe to us on Spotify or Apple, maybe both one post or one share or one review make a huge difference. And if you would like to support us and appreciate the work we do, this is what we recommend you do to support us. Thank you so much for listening.

Fanny Wandel  21:25

Right we're ready with our interview for this episode. This episode we're gonna be talking to Nikki air Nikki is the founder and managing director of conduct change, a consultancy that aims to prevent and resolve workplace bullying. She has had a very career spanning the public, private and charity sectors and is a coach, consultant and trainer with a specialty in workplace bullying. She also leads the stop hurt at work campaign focused on advocacy and awareness raising about workplace bullying. Nikki has spoken at events both in the UK and nationally and it's a member of the International Association of workplace bullying and harassment and a Fellow of the Royal Society of Arts.

Kate Bailey  22:04

In our interview with Nikki we discuss her work with conduct change and the stop hurt at work project. Our interview covers a lot of topics ranging from as approach to organizational consulting, her observations of workplace culture and challenges and the insufficiencies of current laws regarding workplace bullying. Now, I really wanted to have someone like Nikki on this podcast, because it is rare in my profession, that we have people who do advocacy work as well. It can be quite a risk to your career. Because ultimately, you advocate in a space where you expect people to hire you to solve their problems, they're much less likely to solve your problems, if they get any sense that you would treat the employees perspective fail. Yeah, basically. But the work that Nikki has done in the bullying space is incredible. So it really for me is about highlighting these voices to our listeners, where we can really shine a light on the individuals who are approaching this work with the perspective that can be better, and that they don't just say it, they don't just show up and do the workshops. They really work for that change. And I think Nikki is someone who has worked for change, as you'll hear in this interview. Let's get into it. Yes, roll it. Out. Nicky, thank you so much for joining us.

23:42

Thank you for inviting me to be here. It's an absolute pleasure,

Kate Bailey  23:45

can you start by telling us a little about yourself and your work and how you came into it, how it's evolved and what you're focusing on as we move forward.

Nicki Eyre  23:54

So the reason I came into this work is the same as for so many people in that I experienced workplace bullying myself. And one of the things that was really odd for me was how long it took me to recover from that experience. But one of the things that was really important was learning about workplace bullying. And what it was that had happened to me on a health level and a performance level, but also understanding the complexity of the subject. And so from there, I started with some coaching and some short talks and developed into training, and now have a full consultancy and training business, which helps organizations prevent workplace bullying, but I also have a social purpose attached to that business, which is around advocacy and campaigning. And so we really helped people in terms of the recovery stage we helped raise awareness through podcasts and an annual conference. And we're also looking at trying to get the law changed as well, so many, many different aspects. But really all about awareness raising and prevention of workplace bullying,

Kate Bailey  25:09

I guess that is a little different from a lot of practitioners in the space because a lot of practitioners tend to focus on coming in after there's been a problem. Is this something that you feel that you had to take a different approach when you were thinking about the kind of organization that you wanted to start? Or was it something that you felt was very an organic need?

25:31

I think as with many people, then initially, I was brought into organizations, very much in the case of, we need some coaching, because somebody has raised a bullying complaint, or they've been accused of being a bully. And so on that basis, I started coming in. But I started realizing that most of the training and education that was out there was very much about how to use the processes and the policies. And actually, those should be a last resort. So it was really important to me to get that message across that actually, there's a huge amount that you can do ahead of that point, to actually prevent workplace bullying, in terms of changing our working practices, our communications, our understanding our modeling behaviors, but also early interventions, because there will always be some kind of conflict. But the earlier we can intervene, the more likely we are to reach a resolution more quickly. And so trying to really push that message of prevention is better than cure. Because genuinely, there is no cure as such, and somebody usually ends up leaving. And so yeah, really wanted to get organizations to shift the focus away from policies procedures, dealing with after an issue has been raised. And let's start thinking of it as an organizational issue where we can put preventative measures in place that will help either prevent it or resolve it early. If it does arise. This your organization, the one that that does the consultancy is conduct change. And based on what you've described for obviously, approaching the workplace matters a little differently, you're focused on mitigation, you're focused on sort of integrating these sorts of standards before things are happening. Does that change the way that you choose to consult or you choose to direct your organization to consult and train, I think it makes me quite different in the marketplace. Because so much of it is about investigations. Helping people with disciplinary is writing policies and procedures. And my key message is a policy never changes anything. And so, I think it's really important to point out that a lot of businesses are already doing a lot of work to deal with bullying and harassment, but they're not necessarily doing enough of it, and then not necessarily doing it that well, or at the right point in the process. So my whole approach is, let's go in and have a look at what you're doing right now. And let's identify the gaps, and let's see where we can bring it back. And our process looks at, recognize, resolve and recover. And most of your work should be done in the recognize element. How are you? First of all, ensuring that people understand what workplace bullying is? But not just that, although we want to know what are the unacceptable behaviors? What are the acceptable behaviors? How are those being rewarded? How are they being recognized? How are they being modeled by your leaders, so we start to focus on the positive behaviors, and stop waiting for the negative behaviors to occur, and then punishing for them. So very much that early intervention that modeling that psychological safety that is so so important, because I think one of the things that a lot of organizations are doing now is they're having speak up campaigns, the onus is still on the individual to speak up when something goes wrong. And we need to shift that and look at what has the organization put in place to prevent that happening in the first place. So it is quite a different approach. And one that I hope more and more organizations will come on board with and just to pick up on the recognized result and recover resolved. For me it's very much about early intervention. We do still need formal processes for when everything else has failed, but the recovery element is missed so often When somebody leaves the organization, inevitably, somebody stays. The person who has felt bullied needs help to recover, they could potentially have got to the point of trauma, the person who has been the bully needs help to change their behavior. But beyond that teams will be affected, there is a ripple effect to these scenarios. That means that other people are affected the bystanders, the HR individuals, the managers involved in listening to the distressing stories that they've heard about people's experience. All of those people need help to recover and get back on track. And also the organization needs to really look at what has it learned from this experience? What changes does it need to make? What are the different working practices that are needed to prevent this happening again, so that recovery phase is so often missed in an organization, and yet can be incredibly powerful in terms of recognizing and moving forward in a different way.

Kate Bailey  31:11

I couldn't agree more. And I guess the interesting thing, or not interesting, quite tragic, actually, is that when workers leave workplaces, be it as a bystander as someone who's experienced bullying. And they don't have that recovery process that also taking that into their next job into the next workplace. The same with leaders that are not rehabilitated, do you? And this isn't a plan question. But do you think that there is something more that we need to be able to do in terms of recovery on a policy level? Should after care of incidences be something that we're looking at implementing also into these types of approaches?

31:56

I think that would be amazing to include, and I know a lot of people leave on settlement agreements. And what's really interesting is that they don't want to put aftercare into those, because that's almost an admission of liability. Why can you not say that, you know, we're not admitting liability. But we do recognize that this has had an impact on your health. And we would like to put you into a better position to move forward. There are different ways of doing it. We're just very so concerned about litigation that we just don't want to put these things in. But yes, for me, it's absolutely essential to do this. And as you say, people can move on into different workplaces. And it's not uncommon to hear people say, Well, I've been bullied in my last three jobs, because they've never really recovered. So they're staying in that fight or fight stage, that stress response, and they're not really coming out of it. And so they're still hyper vigilant and looking for threats all the time. So they will constantly feel like they're being bullied. That's, you know, you can't live with that. You have to have helped to recover from that, so that you can actually move forward in a much more productive and healthy way.

Kate Bailey  33:20

And once again, I can I can, I completely agree with you. And I'm curious as well, because a lot of what we've covered off, were essentially discussing some of the challenges and opportunities in the type of work that you do. And I guess it leads into a more macro perspective. And that is what are your current observations of the core challenges that are facing what places and 2023 when it comes to culture and people?

33:46

It feels to me as though there is a bigger shift, and certainly since the pandemic towards not accepting certain behaviors in the workplace anymore. And certainly, as you get the younger generations coming in and coming up through the organizations, they are more likely to challenge behavior, or vote with their feet. And so organizations have got to think about, actually, are we a good place to work? Are we going to attract the best talent? are investors going to want to come and invest in us in the future? Because actually, one of the top things that investors are now looking for is how employers treat their people. And so that becomes part of the wider environmental, social and governance agenda. So that social element has actually increased in priority for both CEOs and investors and shareholders. Many, many different stakeholders. Do our suppliers want to work with us? You know, there are many, many elements because actually, people can damage the reputation of your car. Pretty very quickly. And you know, quite often it's done through social media these days, or it might be a you know, somewhere like Glassdoor. But if people are not happy, they're gonna let the world know about it. And so actually focusing on the behaviors in the workplace is incredibly important. And you know, there's a lot of kind of buzzwords like psychological safety, psychological safety, we talked about speak up, it's about being able to speak up without fear of retribution. And that's not just about when things go wrong. But that's about saying, there's a different way of doing this, or No, I don't agree with that, or have you thought about this idea. And the most competitive and innovative and creative organizations are those that have high levels of psychological safety. And that is driven by individuals really developing their emotional intelligence, being really aware of themselves, their behaviors, the impact they have on others, the way in which a message lands, the way in which they motivate others and the way in which they're motivated and driven themselves, their beliefs, their core values, it's so so important to recognize that the workplace is changing, and what employees are looking for is changing. And if you're not ahead of that, then you will become less competitive in the market.

Kate Bailey  36:27

Yes, and I guess you have seen, you know, some of the terms that float around in regards to this, you do is kind of, again, almost characterizing the employees in a way that maybe it's not appreciated. And that's things like quiet quitting, as an example. So I feel that the the narrative that you speaking to hear that workplaces are changing, is there still a great deal of resistance? Would you say that that has been your observation? Do you see that changing? Do you have some optimism there? What are your thoughts,

37:00

I think there has been a huge amount of resistance, there still is in some areas. But there are other organizations who are ready to embrace change, they are looking ahead, and regulatory bodies are starting to look at behavior and conduct much more now than they ever used to. Which is really interesting, because that will drive change through different professions and different sectors. So it's slow. It's not going to happen overnight. But I think for me, I've seen a kind of a substantial shift in terms of people being prepared to look at bullying behavior, for example, over the last two years, it feels like there's been a real shift. And I think the pandemic had a lot to do with that in terms of people saying, no, but actually, it's not enough to be working ridiculously long hours to be asked to be online all of the time to be expected to just reply to emails and phone calls at any time of the day or night. Actually, we need something different, and we need something healthier. And I think that pushback from people coming into the workplace, if you're not listening to it as an employer, then it's really not going to help your organization moving forward. There are exceptions to all of these things, you know, particularly high salary. Goldman Sachs was a great example where basically, you know, they said, the junior employees said, we're not happy, and they basically have some more money, as if you know, that was going to solve everything. It doesn't. And actually, salary is becoming less important to people than the experience in the workplace, and their health and their work life balance,

Kate Bailey  38:55

and get once again, I completely agree on those points. And I think that it will be a case of who is willing to adapt the quickest and who is willing to recognize dignity as coming to the forefront for so many people when it comes to the workplace. I think Corona really shone a light on that for people exactly, as you said. And speaking of driving change, can you tell us a little bit about the stop hurt at work project and how that came to fruition?

39:23

Yes. So once I set my business up, one of the things I really wanted to make sure I did was try and make a difference for other people. And somebody told me that it wasn't as hard to change the law as you might think. So I thought, well, I'll go and do that then. I should do. Yeah. Essentially, I discovered that you know, workplace bullying legislation existed in other countries, but not in the UK. And I was like, Well, why not? We should have it and is a real gap in the law, which really needs filling. And so the stop hurt at work project started by a group of incredible individuals coming forward to support me as an advisory board. And we started by looking at what were the problems? How could we do this? The legislation was part of it, how do we raise awareness? How do we support people who were going through this. And what we decided was, we can raise awareness by social media, by podcast by interviews by webinars, things like that on an ongoing basis. So that's what we do. Those resources are all on the website, we also decided we would run an annual conference. And that's in November, every year for anti bullying week in the UK. And that's called the united against workplace bullying conference. And we've run it for the last three years now, three days online. And we get the most incredible speakers. And I think one of the things that is really powerful is how quickly people say yes, when I asked them to speak, and that's just a real indication that people are really keen to speak up and raise awareness in this area. But the other thing we did was we said, you know, well, if we're going to change the law, we need a bit of help. And actually, what's incredible was I got pro bono support from solicitors, and barristers to actually help look at the legislation and identify the gaps and draft a proposal that we could then take forward and see if we could get that put into law. We're now at the stage with that, where we have an MP who is willing to take that forward for us, she's very passionate about this project as well. And this subject area, she's actually worked in this area for about 20 years. So even before she became an MP. And so she absolutely understands the problem. And so she's now looking at taking a private member's bill forward to try and get workplace bullying recognized in UK legislation,

Kate Bailey  42:20

which is absolutely incredible. And I'm sure for some of our listeners who are hearing this. They're probably wondering, is it really true that in the United Kingdom, bullying and harassment isn't illegal in the ways that we would think, could you clarify that for us a little bit what that actually means for workers and people?

42:41

Yes, so the first thing that is that bullying and harassment are two different things. So harassment is covered under the Equality Act. And that is linked to a protected characteristic. So whether that is race, sex, gender, age, disability, there's, you know, the list of them are in the Equality Act, when it is linked to a protected characteristic, and it's covered under the Equality Act, then you are covered from the point of recruitment to accompany. If you experience harassment, you can stay in your job, and you can bring a case forward to the employment tribunal. And you can also claim for injury to feelings. So harassment is very much covered in law. And, again, important to say, having legislation doesn't stop these things happening. It just provides a route to redress for the individuals, we now have a look at Workplace bullying. So this is what I would term non discriminatory bullying. So there's no protected characteristic involved. And it's just purely a case of there's a reason why somebody's being targeted. And we don't really know what it is, in those cases, that person needs to have been in their job for at least two years before they can take a case to an employment tribunal. You can't bring a bullying case, you have to resign from your job and bring a case that looks of some sort of breach of contract, maybe a constructive dismissal. The other option, so that one was through employment law and going to an employment tribunal. And even if you do that you can't claim for injury feelings, you can only claim to have your finances put back as if you were still in that job. So if you've gone straight into another job, you won't get anything. Well, yeah. The other element is if you are so damaged by this, that you actually have a psychiatric injury, then you can go through the civil courts and claim a personal injury case. So, in terms of options, they're not great. So once

Kate Bailey  45:03

all of those costs money as well, is that sorry, the last two would also cost money. Is that correct?

45:09

Yes, yeah. And certainly, if you go through a civil case, those are generally more expensive than employment tribunals. But yes, you've got all your legal costs and everything in there, they might be covered by insurance or something. But generally speaking, you know, if you don't win, then you are probably going to be out of pocket. So the other element is that this only covers employees as well. So we have industries where there are a huge amount of freelancers, for example, the film and TV industry, the creative industries. And in there, what you get are people with no protection whatsoever. So they may be going on a series of short term contracts within the same sector, but they are not able to bring a case because their classes are self employed, or they have their own business. And yet, in those cases, they need to be able to report what's going on, to be heard, to be valued, to actually be acknowledged and have some influence and how to change those behaviors as well. So that's an area where actually, we need to expand the law to cover workers in different situations as well. And not just employees. And you know, there are many people who fall outside of those particular categories that really need further protection in the workplace against this. So it's not just a very simple case of, well, we'll just put protection in for employees. Right from recruitment stage, there's a huge, huge glut of workers who are not covered at all, by any of this. So we need to consider them within the legislation as well. And I think what's really, really important is the International Labor Organization has a convention 190, which is about effectively about the prevention of violence and harassment in the workplace. And it talks about bullying and harassment and provides a definition in there. And that's coming into force on the seventh of March in the UK in 2023. And at the moment, the paper about that says, Well, we have enough UK legislation to cover everything that's needed. And yeah, I would challenge that and say, No, we don't, we still don't, because this huge swathe of people who are really suffering in the workplace, you know, it's huge, we're talking probably over 4 million people just in terms of employees. And that's before we start to look at freelancers and people who workers who fall outside that definition of employee, but are too scared to speak up, because it could actually not only lose them their piece of work they're in at the moment, but in a small industry, like the film and TV industry, then it could lose them their career.

Kate Bailey  48:08

And I think it speaks breaking up the ILO, the labor, the International Labor Organization, I personally have observed really huge disconnects from organizations like that, and the groups of people that you just described who a urgently in need of this kind of protection. And not only this kind of protection, but actually very, very broad as you've laid up incredibly broad protections that can be applied in lots of different circumstances. And I guess that brings me to, I guess, a kind of an obvious question. But why should the average worker care about changing this legislation and this campaign? And why should they be motivated to get in touch with their MSP and people who can help them do that?

48:56

So when we think about it, there's about a third of the workforce that are affected by bullying, harassment, now, actually, about 15% experienced bullying, this non discriminatory bullying. So that's actually quite a large percentage of the workforce. So the chances are that you have either experienced bullying yourself, or you've witnessed it and seen the impact that it causes. Or you've supported somebody who has come home from work and absolutely vented or you've seen them affected mental health wise, physical health wise as a result of the experience they're having in the workplace. So this isn't a case of it's just a few people. This is millions of people who are being affected every year. And so whether you believe it is the right thing to do. Whether you think it's the right thing from a mental health perspective, whether you just believe that people Will who act in an unacceptable way, it has an impact on others, the bringing to justice. And by that, I mean, let's support them and help them to get change first, but hold them accountable and move them out of those roles out to those jobs out to those organizations, if we need to, you will have come across all of these. But actually, if you can only look at it from a financial point of view, then understand that the impact of conflict in the workplace is massive, it costs around 28 point 5 billion pounds a year to deal with conflict in the workplace in the UK economy, that's just over 1000 pounds per employee. And that's before we look at all the other sectors with the Freelancers as well. So it's expensive. It's damaging to health, it's damaging to productivity, so it'll be damaging to the UK economy, it's damaging to the National Health Service, because of all the illnesses that have to be picked up. It's damaging to the benefit system, because of the people who are never able to work again. So there are huge implications beyond the workplace for workplace bullying. And that's why we need to care about it, because that cost will be passed on to everybody. And so even if you don't recognize it as the right thing to do, then recognize the implications at both an individual organizational and societal level.

Kate Bailey  51:32

Two things that I that I note there is that, of course, well, yeah, the first thing is, is that for workers, and I think any people that I deal with that that are going through a workplace bullying situation, or through investigations, the people that I meet, a lot of the times they told me, I didn't think this would happen to me, I didn't think this could happen to me, I didn't think I would be compromised in this way. And it's then that they find, well, I actually don't have a lot of options here. And this isn't a good situation. And in many ways, by active by becoming actively aware of these types of changes that are needed, we can do a lot to help ourselves and our colleagues in the future, to mitigate having those lack of options. And the second thing I'd like to bring up, which is a little bit selfish for you and me as practitioners, but the statistic around how expensive conflict is in the workplace is really interesting, because we're often told the type of work that we do is too expensive, because we're fixing, you know, to them an intangible non financial problem, but it really is connected in a deep way to the economy and the ecosystem, the way that we're dealing with bullying in the workplace, because ultimately, it's the productivity which will suffer the most. And is that not one of the strongest basis for our economic policies that we have is how productive a country is?

52:56

Yeah, absolutely agree. And, yeah, it's really hard to get people to understand this, because they think of it as very much an individual issue. Surely, bullying just happens between two people. So why would we want to invest in, you know, programs that look at the whole organization? But yeah, you're absolutely right, they do impact on productivity massively. And, you know, we quite often hear about the big fee earners being kept in an organization. And they're allowed to get away with whatever they like, because of the money that they bring in. But that's such a short term view. Because if you look at how they're impacting and reducing the productivity of the people around them, if you took them out, then all of that other productivity would increase and easily fill that gap. So in short term view, to say it's too expensive to, you know, look at this problem. It's essential that you look at this problem. Because the, you know, everybody has so much evidence out there that says, you know, happier, healthier workforces are more productive. You know, so you're more competitive, psychologically safe organizations are the ones that people want to work for they, you know, they make the most money, they are the most competitive, the most innovative and creative. They have the best reputations. Why wouldn't you want that for your own company? Why?

Kate Bailey  54:21

Yeah, I completely agree. And I'm sure all of the workers that are listening to this would agree as well, because I think in many ways, it's there's a level of this where it's just completely illogical. And it doesn't make sense. And it's just very clear that the law and that the mentality of of enterprise has not kept up with the way the workforce has changed and the way that people are making decisions, which is incredibly interesting when we have all the data in the world on everyone that ever exists. Nowadays. We should accept this and know this to be the sentiment of workers. But we fight on and speaking of So how can people listening to this help you with this campaign and fight on? How can they get involved in stop hurt at work, but also how can they catch up with you professionally and keep in touch with what you're working on professionally.

55:13

So on our website, conduct change.co.uk, you'll see stop hurt at work on the main menu there. And we have a page which is all about the legislation under that heading. And we can, we're asking people to write to their MPs. And you can download a letter from that website. And what we're really asking for at this stage is we're trying to highlight the issue and get them to support the private member's bill, as it comes through. We're also asking people to use social media to share the fact that they have done this, that they are supporting the campaign. And there are some social media assets that they can download some images that they can use to share the fact that they are in support of this campaign, as well, you can sign up for the newsletter on there as well, to keep up to date, but also have a look on LinkedIn. I'm on LinkedIn, but we also have a stop hurt at work page on LinkedIn, as well. So huge, many, many articles going through there. But as inflammation, you know, progress is made on this bill, this legislation, and I'm talking very, very positively because I'm so determined with we're gonna push for this now. Yes, we will keep you up to date through through LinkedIn, and newsletter in the main there and Twitter as well. We're on Twitter. That's awesome.

Kate Bailey  56:41

And I think as well, you know, when you're when you're talking about the fact that this work, and this campaign, and what you're trying to do could impact millions of people, I think taking five or 10 minutes out of your day to make a commitment to get these things over the line. And to support the campaign is a pretty small ask and could have a huge impact on your life and the lives of those around you. If you're in the UK. So I definitely recommend to people that you look up all of these resources, and we're going to make sure everything that Nikki has just mentioned is in the links. Now, Nicki, is there anything else that you would like people listening to what place weekly to hear directly from you about what places about anything at all that we haven't asked you yet?

57:23

Wow, I can talk for hours and hours on this topic. I think we might go back. Yeah. If you want to know more than now, all sorts of resources on the website, you know, we are really quite open with a lot of our content, because we want to raise awareness. So lots and lots of discussions on different topics as well. And I think you know, the other side is we've got the International Association on workplace bullying and harassment, there's a huge amount of research going on in this area. And it's been going on for 2025 years, you know, this is not a new topic, they tried to change the law in the UK about 20 years ago, as well. It's not new, this isn't a new problem. And don't think of it that way. This is an age old problem that is surfacing. And people are now prepared to talk about it. And if the only thing that you managed to do is to start a conversation in your workplace about, you know what bullying really is, let's go and look at that further, then that will help. Every conversation matters. That is some very sage advice, Nikki, thank you. And as I say, I could talk on different subjects all around, you know, using a trauma informed approach is a favorite of mine. Prevention, recognize resolve, recover all of those things. It's just so so important that people understand the complexity of this subject,

Kate Bailey  58:55

completely agree. And I also, I also want to commend you for having so many resources available to people, a lot of organizations in our field, for good and bad reasons, don't manage to put a lot of information out in a way that is accessible to workers in general. But having that resource available is awesome. So I really hope that people take you up on the offer to engage more on these topics and understand a little more and like you say, that's enough to start one conversation. And with all of that good luck with the campaign. I think we'll definitely be checking in with you and doing everything we can to help you get this over the line and keeping our fingers crossed for the private member's bill that's underway.

59:38

Fantastic. Thank you so much for giving me the opportunity to tell everyone about it today.

Kate Bailey  59:50

Nicki, thank you so much for coming on workplace weekly and sharing those insights. I hope everyone found something that they could take away from that conversation and I just I cannot stress to people how important it is when there's a figure like Nikki who's doing the work, walking the talk, and really has a very clear plan of action, and agenda and works actively on the network to make that a tangible reality. support those people, they ask for very little. That's why I definitely encourage people to go to those to go to those assets that are available, everything that Nikki spoke about, and just support that campaign, because that's actually how change does happen. Now, funny, I'm very interested to hear a little bit about how your perspective on workplace bullying has changed, the longer you've been working, basically,

Fanny Wandel  1:00:49

yeah, definitely. I mean, I'm still in the beginnings, I guess, of my career, I'm still in my 20s. So and I've now experienced being in a more managerial role before within the recent years. So definitely, the dynamics change when your roles change within the workplace when your workplace changes. I think these interviews that we've been doing for this podcast only illustrate further how useful these conversations are for people like me to put things into context to be able to look back at certain experiences I've had, with a completely new lens with more nuance. It's super enlightening. And it's definitely also kind of hard because you sit there and you realize in what ways you've participated in stuff, even if it's unknowingly,

Kate Bailey  1:01:44

yes, unconsciously. Yeah, it's very easy to fall into a bystander role. not actively doing anything or actively not doing anything. Also, for others around you, you know, at the end of the day, this is people, these are social situations, and you can people can talk about professionalism all they want. But what's the meaning of that, really. So when it comes to workplace bullying, I think, like you said, having these conversations are really important because it does shine a light on the gray areas, where we can actually make a difference and can sort of bring the workplaces that we work in up to speed with the society that we live in. So interestingly, and on that note, if you'll recall, we made 118 page report, the BrewDog effective workers platform report this year. And the result of that report, the case work that we did was that we saw the same thing in the law that Nicki sees with bullying in relation to retaliation, and that is that protected classes do have access to those things. But legally, in the United Kingdom, the European Union and the United States, probably BA, maybe California and New York, is that if you experience retaliation from an employer or a former employer, there are a lot of limits to what you can do about that. If you are not a protected class, or if it's behaviors like this, that are retaliation, but because bullying is not even illegal, nothing can be done. And sometimes people are not bullied for the reasons that they are protected class. Yeah, that's just a factual matter. Yeah. So I as a lesbian can be bullied for nothing to do with being a lesbian. But if they just said one word like, oh, you dyke in front of whatever sentence they'd said it would be a different case. Yeah, that's a really that's a really fickle thing to look at. So once again, thanks to Nikki air thank you for your perspective on workplace bullying funny, I think this brings this episode to a close we're not doing any extra special segments just because I think this interview was so good and we spent so much time talking about workplace bullying, so you'll have to stay tuned for the next episode any last words funny?

Fanny Wandel  1:04:12

No, I would just say if this episode resonated with you then you can keep it in mind for additional episodes segments so if any of this brings up a story for workplace savage or fuck you I quit please send us a message

Kate Bailey  1:04:28

that's why she's a social media manager you see I don't even think about that. It is what place weekly was produced by Kate Bailey and funny one Dell for hand and hot media, the publishing arm of hand and hawk and behold, you can follow hand and heart on Instagram via at hand and heart to EU via at h underscore and underscore page media. Any inquiries related to this broadcast, please email out Men at hand and heart.edu Um, music was composed and performed by Amanda and produced by Amanda with Kyle startup. You can follow Amanda on Instagram or listen to their music on Spotify Apple or SoundCloud. If you love Amanda's music please consider buying it from Bandcamp support Andy always our artwork was created by NYX Renton, a fantastic photographer and graphic designer and you can find them in the links in the episode description. You can always find workplace weekly on Apple, Spotify, YouTube, SoundCloud, and Vimeo and basically wherever you get your podcasts for those wanting an RSS feed, the link is in the show notes. Thank you so much for listening

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