If an employer has legitimate concerns about bullying in the workplace, it should investigate the matter even if the employee who has made the allegation does not wish to co-operate with the investigation. Consequences for an employer who fails to carry out investigations into bullying can be significant, particularly if the allegation involves unlawful discrimination or harassment.

Employers who do not investigate bullying that was flagged to them could have trouble defending their inaction and successfully arguing that they were not vicariously liable for the bully’s actions should the employee decide to bring a claim.