Bullying and Harassment in the Workplace

Legally reviewed by: LLM, LPC & LLB (Hons) Shereen Murphy Updated: July 29, 2022In: Employment

If the treatment that you have been subjected to in your workplace has led you to make a formal complaint, we can help you to get the legal support that you need.

Our solicitors are experienced in dealing with workplace issues and we can support you even in cases of workplace tribunals.

What is Workplace Bullying?

It will most likely be very clear to you if you are being treated unfairly at work, but some of the most common scenarios that may call for legal action include:

• If you are being threatened with violence or the loss of your job.
• If your work is not being fairly assessed and you are never being considered for promotion.
• If you are being consistently humiliated in your workplace and in front of clients or colleagues.
• If all of the blame for mistakes is being placed on you in scenarios in which it cannot be your fault.
• If you are routinely given an unfair workload.

Under the Equality Act of 2010, workplace harassment can be eligible for a claim in an employment tribunal if the unwanted treatment violates the employee’s dignity or creates an intimidating, hostile, humiliating or offensive environment for them.

It is also extremely serious and cause for prosecution if the bullying that the individual is being subjected to is because of a ‘protected characteristic.’ This could be something such as:

• Race
• Disability
• Age
• Gender

Under the Equality Act, employers are held responsible for any staff who have been bullying other employees, but they are not found liable if they can demonstrate that they attempted to put measures in place to prevent it happening.

There is often also an implied term in all employment contracts that employers shall provide ‘reasonable support’ to an employee, to ensure that the employee can carry out their duties without harassment or disruption by fellow employees.

Bullying in the workplace can sometimes be hard to prove if the perpetrator does not fully understand the effect of their actions. In order to make things clear, it is a good idea to:

• Explain how their behaviour makes you feel
• Be firm, but not aggressive
• Stick to the facts of what has caused you to feel victimised

If you don’t feel comfortable addressing the individual in person, you could:

• Put this in an email
• Ask for support from a trade union representative if you have one

You should always inform someone in a position of authority if you feel that you are being bullied. This could be:

• Your boss
• Another manager
• Someone in HR
• A counsellor, if your employer provides one
• Your trade union or staff representative, if your employer provides one

In order to be able to support your case, it can be helpful to keep a diary or record of the bullying, including:

• how the bullying made you feel
• the dates and times that it occurred on
• any witnesses to the incidents of behaviour
• any evidence

If your treatment in the workplace has meant you have no choice but to resign, get in contact to make a constructive dismissal claim. 

If you feel that you may have suffered from bullying at work, then we can help you with your case.

Read more about discrimination at work here

Get in touch today for expert help, call us on 0800 999 2220.