Bullying and Harassment

The workplace should be an environment where employees feel comfortable carrying out their duties. However, if bullying and harassment take place, this can become extremely difficult.

What is bullying?

Bullying is offensive, intimidating, malicious or insulting behaviour that involves a misuse of power and can make an individual feel vulnerable, upset or humiliated. Acts that may constitute bullying include overbearing and intimidating degrees of supervision or insulting remarks about someone’s performance. This does not, however, include legitimate, reasonable and constructive criticism of an individual’s performance or conduct.

What is harassment?

Harassment is unwanted physical, verbal or non-verbal conduct with the purpose or effect to violate an individual’s dignity or create an intimidating, hostile, degrading, or offensive environment. An individual may experience harassment from a singular act. Treating somebody less favourably because they refuse to submit to such acts can also constitute harassment.

What can I do if I am being bullied or harassed at work?

First, an employee may consider having an informal discussion with the person/s responsible. However, if this is not appropriate or does not resolve the issues, the employee could raise this with their line manager or human resources.

Where informal steps do not amount to a resolution, an employee may wish to raise the matter formally through their employer’s grievance procedure, usually found in the staff handbook.

Victimisation following a report of bullying and/or harassment

Employees who report bullying and/or harassment must not suffer victimisation as a result. An employee who experiences such acts may raise this with their line manager, human resources or under their employer’s grievance procedure.

Potential Employment Tribunal claims

An employee who suffers bullying and/or harassment may be entitled to bring claims before an Employment Tribunal under the Equality Act 2010.

UK employment law does not cover bullying; however, if an employee feels that they are being bullied because of a protected characteristic, they may have a claim under the Act.

In addition, an employee may claim constructive dismissal if they terminate their employment in response to bullying at work. The basis of their claim may be that their employer has breached the implied term of mutual trust and confidence.

Get in touch

For more information or advice regarding bullying and harassment in the workplace, please contact our Employment Litigation team for friendly advice and support. You can contact us on 023 8063 9311 or email enquiries@warnergoodman.co.uk.