What support would you suggest giving to the alleged perpetrator of bullying/harassment and to the active bystander who reported it?
Published on: 08/07/2026
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Seamus McGranaghan Director – Commercial, Education, Employment & Licensing, O'Reilly Stewart Solicitors
Seamus McGranaghan Director – Commercial, Education, Employment & Licensing, O'Reilly Stewart Solicitors
Seamus mcgranaghan 2021
LinkedIn

Seamus McGranaghan qualified as a Solicitor in O'Reilly Stewart Solicitors in 2003 and is an experienced Commercial Lawyer dealing with employment, commercial and education cases.

He has experience in the Industrial Tribunal representing both Claimants and Respondents and has provided seminars in relation to particular areas of employment law. Seamus is the only member of the Education and Law Association in Northern Ireland. He specialises in advising schools and colleges on policy matters, employment issues and student welfare. He is also responsible for the Education Law Quarterly Review.

In addition to having contributed at Legal Island’s Education Updates since 2010, Seamus in association with Legal Island provides a live “Employment Law @ 11” webinar on the first Friday of each month, dealing with all aspects of Employment law affecting Northern Irish employers.


What support would you suggest giving to the alleged perpetrator of bullying/harassment and to the active bystander who reported it? 

Seamus:  Yeah. I mean, I think that it's the same as really going through any kind of disciplinary process or grievance process with an alleged perpetrator. They need to be supported equally as well.  

I mean, you think about the likes of suspension letters that go out to employees that say, "You're not to contact any of your colleagues. You're not to attend the premises", that could be all quite isolating.  

And I think that's where, really, we've noticed the increase for these sorts of ancillary services that are in place and that you can make referrals to, or you can advise employees as to where they can get assistance, sometimes even if it's just to talk to somebody about what has happened.  

There definitely does need to be protections put in place, particularly for the active bystander who might be fearful of reprisal.

And thinking more so outside of the office-type role, but maybe in a factory where there's a large number of people, there maybe are fractions within the organisation already, and you would be concerned about reprisal and fear and events taking place outside of work where there's retaliation and things like that as well.  

I think you need to know your organisation and you need to act appropriately and in accordance with that, or you'll end up with a claim lodged by the active bystander then as well, which is going to be further problematic and further hassle with it all.  

So, yeah, I think the key has to be that you're not going to prejudge any situation either. If there are suspensions, they are precautionary. You're not going to find somebody guilty of an offence before you've completed a fair and rigorous investigation. It's important that you do sort of maintain your position until you're at a point that there's going to be an outcome issued.

And again, I don't ever think it's a good idea just to simply send an outcome in a letter to somebody. I think you bring the person in, and you speak to them face-to-face, and you explain the position. Not always easy to do, but it is the best way in order to do it, and it protects you as well in case something does go awry down the line.

For more insights and extended discussions on employment law topics, tune in to our podcast. 
Just search for "Employment Law at 11" on your favourite podcast platform — we're available on Spotify, Apple Podcasts, and Amazon Music.

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 08/07/2026