Bullying at workplace is sadly all too common. Being bullied at work can be very upsetting and hard to cope with. Legally, this can be a tricky area, and it is not always obvious what can be done or what legal issues may arise. We often help clients who come to us reporting bullying at work. We set out below some of the key considerations if you feel bullied at work and explain how we can help you fix this issue.
Bullying At Workplace – What is Bullying
Bullying is not strictly defined legally. There is also no standalone legal claim for “bullying.” There are various legal issues that can stem from bullying behaviour, but there are key considerations before identifying what legal claim applies.
The Advisory, Conciliation and Arbitration Service (Acas) define bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, denigrate or injure the recipient.”
Bullying – Legal Claims
As mentioned, you cannot simply sue your employer for “bullying.” This type of claim does not exist.
If you have been employed for at least 2 years, then bullying may give rise to a claim of constructive unfair dismissal.
If you have at least 2 years of service, and feel bullied at work, we recommend that you Stay Employed, Take Advice and Act Quickly. A constructive dismissal claim requires you to resign, but there are usually better options.
The other types of claims related to bullying come under discrimination. These type of claims do not have a minimum service requirement. However, the bullying behaviour must be because of a prohibited reason. In other words, the motivation/reason for the bullying behaviour is what give rise to a legal claim. Some examples are:
- Your manager starts to treat you differently to others (such as not inviting you to team events) because of your religious beliefs (this would be direct discrimination).
- You are subjected to unwanted conduct, such as receiving racist taunts from a colleague (this would be harassment).
- You are demoted because you raised a complaint and alleged discrimination in the workplace (the demotion would be an act of victimisation).
- You believed your manager had done something unlawful at work, so you reported this via the companies whistleblowing procedure. You manager figured out that it was you that made the complaint, and then started micromanaging you and making your life difficult (this may be a whistleblowing detriment claim).
It is often difficult to prove the motivation of others, which is why discrimination claims can be challenging to evidence.
Therefore, if you have less than 2 years of service and the bullying is not linked to any form of discrimination, then there may not be any obvious legal claims. However, there may still be steps you can take to tackle this type of bullying.
How To Address Bullying At Work
How you address bullying at work requires consideration of your preferred outcome, which is often broken down to if you want to remain at the company or to leave. If you want to remain at the company, then doing nothing and just hoping the bullying stops is rarely a good approach. When you have a concern at work – how to address work issues can vary, but if you want to remain at the company, it is usually best to take steps to fix the issue (so to stop the bullying and protect the working relationship). We often guide people on how best to go about this.
If you want to leave the company, then we do not recommend that you resign, but instead focus on negotiating an exit, where you aim for tax-free compensation, a reference and your reputation intact. This is why we recommend you Stay Employed, Take Advice and Act Quickly.
If negotiating an exit does not work, you may then have to consider other action, such as an employment tribunal claim, but as this can be a lengthy and complex process, professional advice is recommended in the first instance.
FAQs: Bullying at Workplace
1. What is bullying at workplace?
Bullying at workplace is when someone is subjected to offensive, intimidating, malicious, or insulting behaviour, or an abuse of power that undermines or injures them. While there is no standalone legal claim for bullying, it can lead to potential legal action depending on the circumstances.
2. Is there a legal definition of workplace bullying?
No, bullying is not strictly defined in employment law, and there is no specific legal claim for “bullying” in the UK. However, if bullying behaviour meets certain criteria, it may form the basis of other legal claims, such as discrimination or constructive dismissal (constructive dismissal requires 2 years continuous service as an employee at a minimum).
3. Can I take legal action if I am being bullied at work?
It depends on the circumstances. If you have at least two years of service, bullying may give rise to a constructive dismissal claim if it forces you to resign. If the bullying is linked to a protected characteristic (such as race, gender, religion, disability, etc.), you may have a discrimination or harassment claim, regardless of how long you have worked there.
4. What should I do if I feel bullied at work?
The best approach depends on whether you want to stay in your job or leave. If you want to stay, taking proactive steps to address the issue is usually best. If you want to leave, it’s often better to negotiate an exit package rather than resigning immediately. Seeking legal advice can help determine the best course of action.
5. How can I prove workplace bullying?
To prove bullying, you should gather evidence such as emails, messages, witness statements, or any documented incidents. If you are considering a legal claim, it is crucial to demonstrate how the behaviour has impacted you and whether it breaches employment laws or company policies.
6. What if I have less than 2 years of service?
If you have been employed for less than two years, you must carefully consider the motivation for the bullying. For example, if it is linked to a protected characteristic or because of specific complaints you made , you may have a different type of claim. However, you can still take steps such as raising a grievance or seeking legal advice on possible alternatives, such as negotiating an exit package.
7. What should I do if my manager is bullying me?
If your manager is bullying you, in the first instance, keep a log (and evidence) of the treatment. Keeping a detailed timeline may be extremely helpful later. When keeping evidence, be careful not to breach any internal data policies. You must then decide what your preferred outcome is and consider taking professional advice.
8. Should I resign if I am being bullied at work?
Resigning is not usually recommended unless you have already explored alternative options. If you resign without a plan, you may lose legal leverage. It is often better to stay employed, take advice, and act quickly to explore settlement options or prepare a stronger case for legal action.
9. Can I claim compensation for workplace bullying?
You may be able to claim compensation if the bullying leads to a constructive dismissal or discrimination claim. However, the success of a claim depends on the evidence and circumstances. Many employees negotiate an exit package instead of going through a lengthy tribunal process.
10. How can a lawyer help if I am being bullied at work?
A lawyer can help you assess your legal position, guide you on the best steps to take, and negotiate a settlement if leaving is the best option. They can also help you file a legal claim if necessary.