Gaslighting in the workplace
With allegations involving the term ‘gaslighting’ becoming more frequent in the workplace, it is important that we understand this term and take appropriate action.
What is gaslighting?
The term originated from a 1940’s film and describes a multitude of subtle manipulative behaviours. In a workplace context it is likely the employee will initially struggle to understand what is taking place. This behaviour can have a negative impact on an employee’s mental health and the workplace culture.
Bullying or harassment?
Gaslighting is a form of bullying and some cases may constitute harassment under the Equality Act 2010 if the unwanted conduct is related to a relevant protected characteristic (age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion/belief, sex (gender), and sexual orientation) where the conduct, ‘has the purpose or effect of violating the victim’s dignity or, alternatively, creating either an intimidating, hostile, degrading, humiliating or offensive environment for them’. If the unwanted conduct is not related to a protected characteristic, gaslighting fits within the definition of bullying as an abuse of power.
Examples of gaslighting
Gaslighting is most likely to occur when there are power imbalances, for example between a manager and a more junior employee (although it can happen between work colleagues). The gaslighter may use subtle manipulation to gain control or power over the employee. The junior or vulnerable employee may be concerned about challenging the gaslighter. If they do challenge, they may be told they are being too sensitive or overreacting which will make the employee feel they must be mistaken or doubt their memory of the situation. The manager may look to negatively impact the employees confidence by openly criticising them. The manager may change deadlines or tasks for the employee (i.e. setting them up to fail) but later deny this occurred. The employee may feel undermined but because the manipulation is subtle can’t quite figure out what is taking place.
The ‘preventative duty’ – don’t break the law
The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26th October 2024 and introduced a new positive duty on employers to take reasonable steps to prevent sexual harassment in the workplace Is your business taking ‘reasonable steps’ to prevent sexual harassment? | Moorepay.
With an imbalance of power usually at the heart of gaslighting, there can be a connection between gaslighting and sexual harassment with female employees more likely to experience this. The amendment means organisations are required to takereasonable steps to prevent the sexual harassment of employees at work before it occurs, and this proactive duty increases the employer responsibility significantly. Employers will need to assess and then minimise the risks relating to sexual harassment (i.e. by using risk assessments). Employers should look at the risk of power imbalances in their workplace, take steps to reduce the assessed risk and therefore reduce the opportunities for exploitation.
What action should you taken?
Employers must investigate any situations where it looks like gaslighting is taking place or if any individual has raised a concern. Allegations of gaslighting may also be raised using the grievance procedure. Investigations regarding allegations of gaslighting are usually complex due to the subtleness of the manipulation at play. It is important that employers handle allegations of gaslighting following the same HR procedures for any other type of bullying or harassment. Employers should note that gaslighting allegations could lead to a constructive dismissal claim or claims of harassment or discrimination.
