Bullying at Work Code of Practice in Ireland: The Complaint Process Explained

Ireland’s Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work was made as S.I. No. 674 of 2020. It describes how employers are expected to prevent bullying and how complaints should move from an informal conversation to a formal investigation and, if needed, an external body. This guide summarises the process the Code sets out. It is general information drawn from the text of the statutory instrument and is not legal advice. For a broader look at the topic, see our guide to bullying and harassment at work.

Status and legal basis

The Code is made under section 42 of the Industrial Relations Act 1990 and also gives practical guidance under section 60 of the Safety, Health and Welfare at Work Act 2005. It replaces the earlier Health and Safety Authority and Labour Relations Commission codes. The Code describes itself as practical guidance and best practice, and it does not clearly label which provisions are mandatory. It says the Code is admissible in evidence in proceedings and must be considered where relevant, and that failure to follow it is not an offence in itself. The foreword gives 23 December 2020 as the date of operation, while the schedule header shows a different date, so check the official text if the exact date matters to you.

What counts as bullying

The Code defines workplace bullying as repeated inappropriate behaviour, direct or indirect, that could reasonably be regarded as undermining a person’s dignity at work. A single incident is not bullying, although it may be an affront to dignity. The Code lists things that are not bullying, including strongly expressed differences of opinion, constructive feedback, ordinary performance management and reasonable corrective or disciplinary action. Harassment under the Employment Equality Acts is treated as a separate legal concept, and physical violence is excluded and should be reported to An Garda Síochána.

What the Code expects of employers

Employers are expected to act reasonably to prevent bullying and to respond properly to complaints. The Code says bullying should be addressed in the safety statement through hazard identification and risk assessment. Our guide to safety statements and risk assessments covers that part of the process. The Code also expects a written anti-bullying policy, adopted after consulting employees, with a template in an appendix. It points to training for managers and staff, monitoring of incidents, and record keeping in line with data protection law. An employer may appoint a Contact Person to listen confidentially and give support. That person has no investigative role.

The informal stage

The Code treats informal resolution as the first step where it is appropriate. A person who feels bullied may raise the behaviour with the other person directly, either in person or in writing, or go to a manager’s manager or the Contact Person. The employer can also nominate a trained person, other than the Contact Person, to handle the matter. If a complaint is made verbally, the nominee takes a written note and gives a copy to the complainant. The nominee establishes the facts and puts the complaint to the respondent. The parties can then agree steps such as mediation, behaviour change or monitoring, and the agreed actions and timeframes are signed and dated. Information shared in mediation is confidential and cannot pass to an investigator.

The formal stage

The Code says informal options should normally be exhausted first, and that moving to a formal investigation is a reasoned, evidence-based decision. The steps it describes are:

• A written complaint, signed and dated, with precise details, dates and any witnesses. If the complainant cannot write it, the assigned person records it and the complainant signs and dates it.
• Separate initial meetings, with the complainant first and then the respondent, who receives the full complaint, the relevant documents and the policy.
• Terms of reference that follow the anti-bullying policy and set out an indicative timescale, scope and confidentiality requirements.
• An investigation in which statements from the parties and witnesses are recorded in writing and copied back to them, and findings of fact are made.
• An outcome in which the employer decides what action to take and tells both parties in writing about next steps. Each party is entitled to know whether the complaint was upheld and, if not, why.

The Code is not fully clear on the investigator’s role: in one place it says the investigator should not uphold or dismiss allegations or impose sanctions, and elsewhere it refers to the investigator deciding whether a complaint is valid. Employers should settle this in their own policy.

Standard of proof, appeals and the respondent’s rights

The Code uses the balance of probabilities. A respondent has the right to receive the complaint and relevant documents, to be met separately, to respond, to receive copies of statements and to be accompanied by a colleague or union representative. Either party may appeal in writing, with the time limit set by the employer’s policy. The appeal is heard by someone at least as senior as the investigator, with no earlier involvement, and looks at whether the process was fair rather than rehearing the case.

External routes

After internal procedures are exhausted, a complaint can be referred to a Workplace Relations Commission Adjudication Officer. The Code frames this around the fairness of the investigation process rather than the substance of the complaint, and says the adjudicator may decide that an investigation should be re-run. The Health and Safety Authority assesses whether an employer has acted reasonably and can issue advice, improvement directions or improvement notices. It has no role in mediation or sanctions. The Code does not give a time limit for referring a complaint to the WRC.

Our suggestions for employers

These are our own practical suggestions rather than requirements in the Code. Review whether your policy names a responsible person and sets an appeal deadline. Train anyone likely to act as a nominee or investigator, and write down your approach to the investigator’s role. Keep notes of informal steps brief and separate from mediation material. Check that managers know the difference between bullying and ordinary performance management.

What the sources do not say

The Code does not set fixed timelines for each formal stage, only indicative ones. It does not say whether suspension or other interim measures may be used, whether anonymous complaints are accepted, or what sanctions apply to breaches of confidentiality. Our summary is based on the Code text and not on WRC decisions.

For the separate grievance and disciplinary Code of Practice, see our guide.

Frequently asked questions

Is one incident enough to be bullying under the Code?

No. The Code says a single incident is not bullying, although it may be an affront to dignity.

Do informal steps have to come first?

The Code says informal options should normally be exhausted before a formal investigation, and that escalation is a reasoned decision.

What standard of proof applies?

The balance of probabilities.

Can the respondent bring someone to meetings?

Yes, a colleague or union representative, according to the Code.

Next steps

If you want to build your team’s knowledge of workplace regulation, browse our CPD resources, and check the current text of the Code before changing your policy.