Workplace bullying & harassment claims

Bullying and harassment in the workplace

While there is no specific standalone claim for workplace bullying Gov.uk describe bullying as making someone feel intimidated or offended. Bullying can take place face to face, and virtually via email, phone, social media and by letter and can include verbal abuse, offensive comments, isolation or undermining an employee’s abilities or work.

Bullying can occur between peers, from managers to employees or upward bullying from staff to someone more senior. It can be a one-off incident, or a sequence of incidents, and it is not required to be noticed by other people.

Although there is no direct claim for bullying in the employment tribunal, employees have the right to have trust and confidence in their employer and to expect not to be bullied in the workplace. As such, conduct such as bullying could be entirely relevant when it comes to considering claims such as constructive dismissal.

Harassment occurs when unwanted behaviour is related to a protected characteristic as defined by the Equality Act 2010. These characteristics include:

• Age
• Sex
• Disability
• Gender reassignment
• Marriage and civil partnership
• Maternity and pregnancy
• Race
• Religion or belief
• Sexual orientation

If the unwanted behaviour causes a person to be offended, humiliated or intimidated it amounts to harassment.

Both bullying and harassment can have serious psychological and emotional effects on the victim including anxiety, depression and decreased performance at work.

ACAS advise that if you do feel that you are a victim of bullying and/or harassment in the workplace you should initially look to resolve the issue informally by either speaking to the person conducting the bullying behaviour, or if this is not possible speak to your manager or HR department.

If this does not resolve the issue, you may wish to raise a formal grievance and look at your employer’s grievance policy to determine who to raise the grievance with. If you are unhappy with the formal outcome to the grievance you will have the right to appeal the outcome.

Employer responsibilities

Employers are responsible for preventing bullying and harassment in the workplace, and they can be held liable for instances of harassment from their employees. If the grievance procedure fails to resolve the issue, and the unwanted conduct relates to a protected characteristic, this could lead to a claim being raised in the employment tribunal for harassment.

Contact our bullying and harassment solicitors

Nobody should have to endure bullying or harassment at work. If you believe you are a victim of workplace bullying or harassment, our experienced employment law advisors are here to help. We provide confidential consultations to discuss your situation and explore your options. Contact us today on 0161 696 6170.