Legal Advice

We have a team of volunteer lawyers that can provide legal advice and guidance on matters relating to bullying. For more information on the legal aspects of bullying please read the information in the section below. If you have further questions and need additional support please contact our legal team Clicking here

Legal advice

Bullying at Work

What is bullying at work?

There is no single specific definition of bullying but it is generally accepted that it consists of repetitive unreasonable behaviour directed at a specific person (or even group of people), which has the effect of making that person feel intimidated, humiliated, disempowered and/or mentally or physically injured.

Bullying can occur in any environment where human beings have social interactions, whether that is the school playground, family home, on social media, in social gatherings, (.....etc) and of course that includes the workplace.

There is often a power relationship of some sort between the bully and their target - in the workplace that can take the form of manager and subordinate, although it doesn’t necessarily have to be the case. If the bully has a higher managerial position than their target it is easier for them to exert power and dominate, which is usually the main aim of the bully. It is commonly thought that bullying personalities are characterised by low self-esteem, and the bully makes themselves feel better by putting others down.

Bullying behaviour does not have to be deliberate, sometimes the bully does not realise the effect they are having on others, and may not be conscious of what is motivating their actions. But this is irrelevant, the effect on the target is the same, and the behaviour is equally unacceptable.

Bullying can also be very subtle (often called ‘gaslighting’) characterised by manipulative behaviour that is hard to pin down, but has the effect of undermining the person concerned.

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What is the difference between Bullying and Harassment?

Harassment is a term that is often used together with ‘bullying’ but it is slightly different. The Equality Act defines harassment as unwanted conduct related to a ‘protected characteristic’ (ie race, sex, maternity or pregnancy, disability, religious belief, age, sexual orientation, gender reassignment, or marital status) which has the purpose or effect of ‘violating the dignity’ of an individual, or creates an ‘intimidating, hostile, degrading, humiliating or offensive environment’ for the individual. Harassment is often thought to be more obvious than bullying and may have a physical element. But there is clearly a fine line between the two, and a large overlap.

Am I being bullied?

If you are feeling distressed by relationships at work, you may be experiencing bullying. You may feel isolated or excluded, or generally uncomfortable. You may even feel scared to go to work. Bullying can have serious effects on mental health.

Here are some examples of bullying behaviour at work:

  • Being subject to persistent trivial criticism, offensive personal comments, or other aggressive behaviour
  • Being set up to fail by being given unachievable targets or deadlines
  • Being undermined in your position or subject to unreasonable demands
  • Being humiliated or ridiculed in front of others - eg reprimanded or criticised either in person or by email with others copied in
  • Being subject to jokes that focus on a personal characteristic
  • Being singled out and treated more detrimentally that others (perhaps through disciplinary action for things that everyone else does without consequence)
  • Being ignored or left out of social events - or even more formal work-related events

This list is not exhaustive and can include any sort of ‘unreasonable’ behaviour that cannot be justified by objective standards. Bullying is not being subject to organisational procedures related to poor performance or misconduct where there is a genuine cause for concern, but it could be bullying if it is done in a way that is humiliating or you are being singled out unfairly.

If the reason you are being bullied is because of a ‘protected characteristic’ (see above) then it is also illegal discrimination under the Equality Act 2010. (see below)

What can I do to stop the bullying?

Bullying is often difficult to prove - it may happen behind closed doors, with no 3rd party evidence. The first step could be to approach the bully and try to resolve the Bullying can also be very subtle (often called ‘gaslighting’) characterised by manipulative behaviour that is hard to pin down, but has the effect of undermining the person concerned. situation informally. They may not even be aware of their behaviour, or how they are making you feel. Bullies do not like being called to account - it may be enough to get them to back down, but there is, of course, a risk it may make things worse.

If you do not feel able to approach the bully personally, you may choose to have an informal discussion with their line manager or approach the human resources manager for a confidential discussion. A Trade Union rep may also be able to advise and support you - especially if you decide to follow a formal procedure - see below.

Use a formal procedure to make a complaint

Does your employer have a bullying policy? Equality policy, or Dignity at work policy? If it does, they may contain specific procedures to raise concerns about bullying, and these will be a good place to look.

If not, every employer should have a ‘grievance procedure’ which tells you how to raise a complaint about a work-related issue. This will normally have an ‘informal’ stage to it, but if you have already tried and failed with an informal resolution, you should be able to go straight to the formal stage. However, bullying is a notoriously difficult issue for employers to deal with - especially where it involves line management. The employer is often reluctant to find against the manager unless there is irrefutable evidence. However, this does not mean it is not worth doing - the employer should carry out an investigation which will be uncomfortable for the bully and is a way of calling them to account. Even if there is no formal finding in your favour, the issues will be ‘on record’ and there may be informal repercussions for the bully.

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What is the legal position?

People are often surprised to find there is no ‘stand-alone’ legal claim you can take if you want to make an allegation of bullying, unless it would also constitute ‘illegal discrimination’ under the Equality Act 2010.

In addition to a claim for illegal discrimination, there are a number of claims to an employment tribunal that relate to ‘unreasonable behaviour’ - which will include bullying behaviour:

  • Unfair dismissal - if you have been singled out for dismissal without a fair reason (eg. a disproportionately harsh sanction, or having the procedure unfairly applied)
  • Constructive dismissal - the employer has allowed you to be bullied so badly that you feel you have no choice other than to resign
  • Detrimental treatment (including bullying) that is on the grounds of you making a complaint of illegal discrimination (victimisation) or raising issues of health and safety, asserting your contractual rights, being a trade union rep, whistleblowing etc.

Employment tribunal claims are legally technical and you should always get legal advice if you want to pursue this form of action.

Other legal action

If the bullying takes the form of physical assault - or even puts you in fear of physical assault - you may be able to go to the Police and seek criminal charges.

An employer also has a duty to provide you with a ‘safe’ working environment - this is considered to be a ‘fundamental term’ of the employment contract. Breaching a fundamental term of the contract is grounds for claiming constructive dismissal - but you would have to resign from your job.

If the bullying becomes so bad that it seriously affects your mental or physical health you may be able to pursue a ‘personal injury’ claim, but you will need to fulfil some difficult legal tests to prove that a) you have a serious illness, b) the bullying caused the illness and c) the employer breached their duty of care to you.

You could also pursue a claim under the Protection from Harassment Act - an Act that was originally intended to protect against stalking but has also been used in the context of the workplace where bullying had caused serious mental illness.

Where can I get help?

In the workplace - your trade union or human resources department
Online resources - ACAS, Bullyonline, national bullying helpline, citizens advice etc