Breaking the silence

This week marked national Bullying Awareness Week. As an employment lawyer, it is not unusual to work with people who are bullied in their places of work or, from time to time, work with the bullies themselves.

The striking thing about both victim and aggressor is that, frequently, on the face of it, you cannot tell them apart. We can all look the same, hiding behind a faux innocence or brave face, but the mask will almost always slip. There remain, of course, the more obvious bullies.

Bullying happens in law firms like anywhere else and can take many forms. It's unlikely to be as overt as stealing lunch money from junior staff and may not even take place in public areas. It's probably not as commonplace as it once was, despite working in an increasingly demanding, high-stress, deadline-driven workplace, where tensions run high and relationships are strained.

The identification of bullying can be difficult: it doesn't always look the same or how we might expect it. Undermining, belittling, name-calling, malicious gossiping, silent treatment, even being expected to arrive early and stay late, for no apparent reason - these are all recognised tactics employed by bullies, not always knowingly. But, when a breakdown in the respectful equilibrium is ever-looming, something must be done.

For too long, both bad managers and outright bullies have been excused within the profession by being 'big characters' who junior employees are expected to accept and work around, taking care not to light their sensitive touchpaper.

Very often, big characters come with equally loud mouths, but there is a growing concern around the more difficult to spot silent bullies, who might hide behind a smartphone or computer screen to develop their campaigns of harassment. Cyber bullying is no less harmful to a victim, nor to the wider working environment.

Bullying does not necessarily come from seniority. Partners bullying partners and junior staff employing bullying tactics to stand out from their peers in order to make their way in their careers is prevalent in firms large and small. A culture where this is tolerated is unacceptable in any industry in the 21st century, but in the legal sector, which should set the gold standard, it is simply intolerable.

Those who are bullied can be left to feel helpless, alone, unsupported, and worse. Only by breaking their silence can the issue be properly addressed, and only by creating an environment where employees feel comfortable to report incidents - in the knowledge that they will be protected - will change happen.

It is for partners and office managers to nurture an environment of inclusivity and positivity for all staff, where colleagues are respected and treated fairly, and those who are bullied feel able to come forward and report any abuse they suffer. For everyone else, there is another responsibility to identify and act on suspicions of bullying, to provide support where needed, and to join together to tackle the damaging behaviour of bullies.

There may not be a Hallmark card to mark Bullying Awareness Week, but it is something we should all take time to think about and act upon. This is the time to start a conversation and to address the wider issue. There is no place for bullying in modern society, but let's start at home.

Kevin Poulter is SJ's editor at large and a legal director at Bircham Dyson Bell @kevinpoulter

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