How the industry is combating bullying disguised as banter

Every now and then, fresh allegations of bullying within finance resurface in the media. This time, The Daily Mail reported on the dismissal of a female KPMG manager in the Big Four’s Sydney office after the employee, who spoke to the newspaper with the condition that she remains anonymous, was made redundant after reporting bullying and harassment to management. 

According to the article, this case came after another female employee in Sydney – this time at EY – took her own life after reporting bullying and racism in the workplace.

These fresh examples of bullying and harassment within Big Four firms, although a small sample size, confirm some earlier studies from Irwin Mitchell, who has conducted a nationally representative study into workplace behaviour. The law firm surveyed 2,179 people in the UK and found that 32% of respondents have experienced “bullying disguised as banter”, with over 35% of women specifically reporting experiencing bullying disguised as banter in the workplace. 

The firm’s study also found that certain industries are more widely affected by bullying in the workplace, with 38% of accounting and finance people having experienced bullying disguised as banter in the past.  

What led to Irwin Mitchell investigating how workers feel they are treated in the workplace was spurred on by a heightened awareness of ‘quiet firing’, which employment partner at the law firm, Danielle Parsons, says is “characterised by employers failing to adequately provide the right environment for employees to develop, but to the extent that such neglect creates an unworkable environment, leaving the employee to feel as if they have no choice but to resign”.

Parsons also defines the phenomenon of “bullying disguised as banter”, a very particular form of bullying that the report refers to almost exclusively, as behaviour that is unwanted and that can be offensive, intimidating, malicious or insulting. 

While there is no legal definition of bullying, Parsons continues: “Banterous bullying can occur where, for example, someone makes offensive jokes at the expense of another employee or they make inappropriate comments. It could cover a wide range of behaviour including spoken or written words or abuse, imagery, graffiti, physical gestures, facial expressions, mimicry, jokes, pranks and other physical behaviour.

“This can lead to staff feeling uncomfortable in the workplace and in the worst cases make them feel that they have no choice but to leave their position,” she says, “and this type of bullying is often face-to-face, but it can also be virtual and take place on calls by phone or video, emails, messaging systems or on social media.”

A spokesperson for KPMG UK weighed in, saying that the firm has a “detailed” anti-harassment, victimisation and bullying policy, as well as a specific whistleblowing policy in place that “strictly prohibits harassment, victimisation and bullying of all types”.

The spokesperson also says: “If our people experience or see behaviour they believe contravenes this policy, we actively encourage them to report it to us. There are a wide range of ways to do this, including ‘Speak Up’, our whistleblowing hotline.” 

According to KPMG UK, more than 6,000 senior leaders have participated in respect and inclusion workshops since 2015, while also boasting a network of around 40 respect and inclusion advisors to provide a safe and confidential way to escalate issues throughout the firm. 

The spokesperson continues: “As a firm, we make clear the high standards of behaviour and conduct we expect from our people from their very first day with us. All of our people begin their career at KPMG UK with a ‘Values Day’, which provides a full introduction to the firm and the KPMG values. Also included in this is an introduction to our policies and procedures. 

“We continually upskill our people to provide support to their teams and ensure we are creating a supportive and inclusive environment. We regularly review all of our processes to ensure they remain fit for purpose, and we continually engage with our people to get their ideas on how we can do things better.” 

In a similar vein to KPMG UK, Deloitte also have a zero tolerance policy towards any form of bullying or harassment and provides support to its staff by giving them “a full suite of HR policies” relating to bullying and harassment, which includes the firm’s ‘Ethics Code’ that sets expectations for inclusive behaviour and is applicable to all employees and partners. 

Deloitte also has an equal opportunity policy, a shared values policy, besides the bullying and harassment policy, as well as a whistleblowing policy, which includes details of how to raise whistleblowing concerns within the firm. 

While Parsons concedes that bullying in and of itself is not a standalone legal claim, she says that it can potentially give rise to a legal claim for constructive unfair dismissal where the employee has two or more years of service.

“However,” she says, “bullying can also be indicative of other potential legal claims, such as discrimination or harassment, for which no minimum length of service is required. Anyone affected by bullying at work should seek legal advice as soon as possible to gain a better understanding of their rights and options in dealing with the situation.” 

Finally, Parsons concludes that employers have a legal duty of care, saying that they need to provide a safe working environment for their staff that factors in bullying into the conversation. 

In this respect, the senior lead of ethics for the ICAEW, David Gomez, also echoes Parson’s point, saying that “accountants have a duty, the more senior they are, to uphold the code of ethics; as a profession, we encourage people to speak up”.