Bullying and harassment are ‘systemic’, say Law Society members

The Profile of the Profession (PoP) survey, published in June last year, revealed that 17% of Society members surveyed (more than 3,100 in total) have experienced bullying and harassment in the workplace, while more than a fifth (21%) have witnessed it.

And while other negative behaviours in Scotland’s legal work settings appear to have reduced since the last PoP survey in 2018 – discrimination was reported as being experienced or witnessed by 8% and 10% of respondents respectively, as opposed to 20% each five years ago – the bullying and harassment figure is nonetheless a worrying revelation.

“Obviously, one instance of bullying, harassment or sexual harassment in the workplace is one instance too many,” said Rob Marrs, Head of Education at the Law Society of Scotland. “What we would most like to see, if we can’t get to zero, is a clear downward trend and, on top of that, greater awareness within the profession of how to report, how to resolve issues internally and how to build a better culture within organisations if these things are occurring.”

Types and groups

Respondents who had experienced or witnessed bullying and harassment in the workplace identified “overbearing supervision, undermining of work output or constant unproductive criticism” as its most common manifestation, at 64% and 66% respectively. Of those who reported experiencing it, 31% each belonged to the categories “other ethnic groups” and “consider self to be disabled”.

Meanwhile, more than half the Society members that reported experiencing or witnessing discrimination said this was due to gender or sex, while over a quarter claimed it was due to age or race or ethnicity. Discrimination was apparent through the allocation of work for most respondents, while being left out of communications and salary differences followed close behind.

A new addition to the 2023 PoP survey was a question about microaggressions, which have been described by psychologist Derald Wing Sue as “brief, everyday exchanges that send denigrating messages to certain individuals because of their group membership”. Almost two-thirds (64%) of respondents said they had experienced or witnessed microaggressions in the workplace, with a quarter believing they are systemic in the legal profession.

An overwhelming majority of recipients and witnesses of microaggressions said these constituted “verbal slights, snubs or insults due to a personal characteristic”.

In light of the findings, the Law Society of Scotland is planning to ask further questions of the profession to understand all the complex causes of toxic behaviour and the ways to address them.

“We will begin to engage directly with the profession, asking: ‘What do you think the response should be?’” said Rob. “Some of that comes down to really structural and cultural change within the profession. Are there things within the profession and the way the profession is structured and how it works that bake issues in and, if so, how do we stop them, or how do we mitigate the effects of them?”

It seems that providing an effective mechanism for reporting all forms of bullying and harassment, including microaggressions, is crucial to effect change. Just 20% of PoP respondents felt that all or most incidents had been dealt with appropriately (19% in 2018). As one commenter stated: “I felt that I had tackled the bullying in the right way but did not get the support from the people who should have intervened.”

A lack of confidence that reporting the issues will do any good seems common among respondents, one of whom commented: “Victims of bullying or sexual harassment don’t feel like there is anywhere to go for help without ruining your career so most people I know have moved job rather than report the incidents.”

Does responsibility for driving improvement lie with the Law Society of Scotland? As one respondent suggested: “I feel the Society should have a mechanism for these issues to be referred to them for action to be taken if internal policies don’t work.”

On the launch of the 2023 survey, Law Society of Scotland president Sheila Webster set out the long-term goal of the initiative. “These results will feed into our future work and we’ll be engaging closely with the profession to tackle the issues raised,” she said. “Supporting legal professionals, including their mental wellbeing, stands to benefit law firms and other employers just as much as the individuals who work there.”

To share your views on what the Society can do to reduce bullying and harassment in Scotland’s legal profession, please contact rebecca.morgan@thinkpublishing.co.uk