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National legislation struggling to adapt to the rise of cyberbullying at work in Europe
Workplace cyberbullying or ‘digital harassment’ is only explicitly covered in regulatory frameworks in Denmark in the European Union, with other Member States either attempting to extend legal definitions to include misconduct occurring through information and communication technologies (ICTs) or outside of the physical workplace; or lacking any definition of workplace bullying or harassment in law.
Eurofound’s new report Workplace bullying, harassment and cyberbullying: Are regulations and policies fit for purpose? maps national regulatory instruments aimed at counteracting antisocial behaviours at work, particularly bullying or psychological harassment. As regulatory change is generally prompted by a certain level of policy debate, the report also explores national-level debates and whether there is empirical evidence documenting the issue or that potentially indicate a rise in the phenomenon.
Bullying and cyberbullying have emerged as prominent issues in national policy debates, primarily as problems affecting young people rather than phenomena also prevalent in the workplace and detrimental to workers’ well-being. Empirical evidence suggests, however, that bullying at work – whether online or face to face – is more widespread than commonly acknowledged, with prevalence rates more than 40% in some surveys carried out in EU Member States.
The lack of specific legislation around cyberbullying and digital harassment in the workplace is notable given the exponential rise of people in Europe working partially or fully from home. In 2019, 11% of employees in the EU worked from home in some capacity, by 2021 this had reached 22%.
While there was a small decline in 2022, the upward trend is set to resume as technological developments are increasing the number of teleworkable jobs and employee and employer’s preferences are leaning more towards remote working. Regardless of the place of work, the digital revolution has changed working life in Europe; a 2022 European Union Labour Force Survey showed that almost 30% of employed people in the EU use digital devices for all or most of their working time.
The rise of cyberbullying as a psychosocial risk in the workplace is compounded by the shift from face-to-face to virtual communication, leading to a potential loss in understanding social cues or diminished social skills, which may result in acts of incivility or hostile interactions from superiors, co-workers or third parties from outside the workplace.
The report emphasises that the prevention of both offline and online workplace bullying is critical. Employers have a key role to play in including bullying in all its forms in health and safety risk assessments. Clear policies and internal rules on prohibited behaviours, reporting, incident handling and prevention measures are essential.
While cyberbullying at work is less studied and less common than face-to-face bullying. It is, however, equally harmful to mental health and therefore requires new and targeted workplace interventions.
