When managers show abusive behavior towards employees, it often does not get addressed, both because the HR department and other managers don't listen to complaints over the manager, and also because the employees don't dare to come forward for fear of losing their job or facing further abuse.
Therefore, once employees finally work up the courage to report managerial abuse it is important to ensure that work processes are transparent and victim-friendly.
For HR, it is a good work ethic to engage a neutral third party to come in and evaluate the situation. It is important that the third party is and maintains it's neutrality, and does let allow management to have an effect on the results of their investigation into the situation. The third party must also focus on using methods that ensure a victim-friendly approach, as well as maintain transparent work processes. If done well, the third party should manage to gain the trust of all individuals involved in the situation, and thusly have an easier job of investigation the situation, in order to give a fully comprehensible result to the employer.
Third party's neturality
It is important that the employer makes sure that the third party has privacy in their investigation in order to maintain their neutrality. The third party should act independently of the employer, the investigation should be carried out without any intervention of the employer, and the results of the investigation should not depend on who pays the bill.
Similarly, it is important for the third party to realize that if the employer begins to try and influence the investigation, that it is a sign that the problem may extend further within the employer than just the alleged abuser.
Therefore, the neutrality of the third party is not only important in order to make sure that the investigation is carried out fairly towards all individuals involved, but the employer's insistence on maintaining the neutrality of the third party is a sign that a positive workplace culture is either in place or being formed that facilitates further positive resolution of the situation.
Example of threats to the third party's neutrality: A third party is invited to sit for lunch and/or coffee with management, either the alleged abusers or their superiors. The third party receives gifts or visits from management or related parties. The third party receives phone calls from managers or related parties where the alleged abusers are spoken highly off, while the alleged victims are painted out as the problem.
Victim-friendly approach
It is normal in any investigation of workplace abuse that the alleged victim/s are vulnerable to further abuse and find it difficult to interact with the alleged abusers while the investigation is ongoing. It is therefore important that the employer takes this into account, and adjusts the conditions at the workplace so that all contact between the alleged abuser and the alleged victim/s are kept to a minimum. This gives alleged victim/s safety in the workplace during an investigation, as well as being ideal for supporting alleged abusers who themselves can perceive the investigation as traumatic.
It is important that a third party monitors that this is implemented by the employer. It creates trust between the third party and alleged victims. It also creates room for the alleged abuser to better understand the situation and an opportunity to work through possible negative effects the investigation can have on them personally.
Example of a victim-friendly approach: The third party sets up procedures to ensure that alleged victims do not find themselves in situations with alleged abusers, or individuals who are biased towards alleged abusers. The third party makes sure that when meeting with alleged victims, the circumstances of the meeting is kept safe safe, and alleged victims are free to express themselves without the alleged abusers or other individuals related to the situation being present.
Transparent work processes
One of the methods a third party can use to create trust with all individuals connected to a situation, from the employer to the alleged victims and abusers, is to set up transparent work processes at the start of an investigation.
It is not enough to set up seemingly solid work processes, and then change them as the research progresses according to convenience. The investigation must follow the same rules and processes for all individuals connected to the situation, at all times.
It is also important that the third party stands by the words given to the alleged victims and abusers. The third party must make sure that no promises are made about the provision of information or what work processes are followed, that are not fulfilled.
Example of work processes: If a third party has put forward victim-friendly work processes, then the third party must ensure that those work processes are maintained throughout the investigation. The same procedures must be maintained for all parties to a case, and therefore third parties must show the same care towards the alleged abusers as well as the alleged victims. At the start of an investigation, the third party should outline the procedures followed to all relevant parties, so that everyone involved in the investigation knows what to expect from the third party throughout the duration of the investigation.
Trust towards the third party
It is difficult for a third party to investigate a case if there is no trust between the third party and the alleged victims on the one hand, and the third party and the alleged abusers on the other hand.
It is difficult to build trust when situations call for a possible negative outcome for someone involved, and it is therefore important for the third party to verifiably follow their work processes, and operate with integrity and neutrality towards all relevant individuals.
If at any point in the investigation, the third party perceives that e.g. their neutrality is being opposed, the third party must prevent any intervention that affects their neutrality, or replace the persons working in the investigation in order to maintain the integrity of the investigation.
If trust towards a third party fails, the result is often that it will be difficult for the employer to work on resolving the situation after the results of the investigation are received, as trust between the employees and management has decreased, as well as the employees' trust in the result itself. In the case of a workplace with deep-seated cultural problems, other employees will learn that there is no point in complaining about abusive behavior from managers, and the workplace culture will then be characterized by silencing techniques, which is reflected in high rates of absence from work and staff turnover.
Example: A third party has set up fixed work procedures at the beginning of an investigation, but when it comes towards the end of the investigation, the third party, in cooperation with employer, decides to change the way the results are presented to the alleged victims. Has the third party here demonstrated behavior that can be judged to mean that neutrality can no longer be observed, and the alleged victims lose trust in the third party, their work processes as well as the results of the investigation.
In conclusion
Investigating any form of workplace abuse is always a sensitive process, but when the investigation involves general employees as alleged victims and management as alleged abusers, the situation becomes highly flammable, both for the employer as well as for the third party conducting the investigation.
It is important for third parties to maintain their neutrality throughout the investigation, in order to demonstrably provide a fair approach to all individuals involved. It is also important that a third party conducts its investigation so that the approach is victim-friendly, both with the intention that the alleged victims feel safe to express themselves and that the alleged abusers feel that their side of the case is valued equally with the alleged victims. In order for the neutrality and victim-friendly approach to be as effective as possible, it is important that a third party starts the investigation with transparent procedures, which are maintained throughout the investigation. Last but not least, the third party must maintain the confidence of all relevant individuals during the investigation.
If the third party succeeds in maintaining the situation in the aforementioned manner, it hopefully yields results that all individuals connected to the situation can respect and trust that the investigation was done in an efficient manner and the resolution of the situation will be fair for all involved. An investigation into abuse in the workplace is always a shock for everyone in the workplace, and it is therefore important that the investigation, as well as the related resolution of the case, goes as efficiently as possible.
The article first appeared in Smartland 03.04.2023 [link].