Workplace Bullying & Harassment Solicitor

 Employment Legal Services

 

Bullying at work affects more than just the targeted employee; it also impacts the workplace culture, productivity, and the mental well-being of others involved. This guide offers insights into what constitutes workplace bullying, actions employees can take, and the legal avenues available in the UK for seeking justice.

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What is Workplace Bullying?

In the workplace, bullying often includes unwanted, offensive, or intimidating actions, leading to feelings of humiliation, degradation, and psychological injury. Unlike harassment, bullying may not always be tied to “protected characteristics” (like race or gender) defined under the Equality Act 2010, but it remains damaging and, in some cases, legally actionable.

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How to Identify Bullying at Work

Common examples of workplace bullying include:

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• Spreading False Rumors - Damaging one’s reputation.

• Public Humiliation - Insulting or mocking someone.

• Exclusion - Preventing someone from joining professional activities.

• Power Misuse - Micromanagement or excessive supervision.

• Threats and Sabotage - Creating unachievable work targets to set up for failure.

• Blocking Career Progression - Denying training or promotions without reason.

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Distinguishing Bullying from Harassment

While harassment is recognized as discrimination when based on protected characteristics, bullying that does not involve these characteristics may still be challenged, especially if it causes harm to mental health or breaches employment contracts.

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Steps to Take if You’re Being Bullied

If you’re experiencing workplace bullying, consider these initial actions:

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1. Raise Concerns Informally - Speak to a trusted manager or HR representative.

2. Formal Grievance - If informal discussions are ineffective, submit a written complaint detailing specific incidents, individuals involved, and how it has affected you.

3. Gather Evidence - Keep a diary, save emails, and collect witness statements if available.

For support, you might consider consulting legal guides on grievance letters, record-keeping, and evidence collection.

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Legal Claims for Workplace Bullying

While UK law lacks a specific anti-bullying statute, other legal protections exist:

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• Discrimination - If bullying is related to a protected characteristic, it may be treated as discrimination under the Equality Act.

• Personal Injury - For physical or mental injuries due to bullying, you may have a personal injury claim.

• Breach of Contract - Employers are obligated to ensure a safe and fair workplace; failure to address bullying may constitute a breach of contract.

• Constructive Dismissal - If bullying forces you to resign, you may claim constructive unfair dismissal after two years of employment.

 

Each claim has specific timelines. For instance, discrimination claims must be filed within three months minus one day from the incident date.

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Should You Stay or Leave?

Staying in a hostile work environment can further impact mental health, while leaving has its financial implications. For some, negotiating an exit settlement agreement may be preferable, allowing for a smoother transition without undergoing lengthy grievance procedures. However, successful negotiation may require legal support.

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Real life Examples of Workplace Bullying

1. Moonsar v. Fiveways Express Transport Ltd (2004)
  - Situation: Moonsar, a female employee, was subjected to sexual harassment by her male colleagues, who shared pornographic material at work and made inappropriate comments. She felt humiliated and degraded.
  - Outcome: The tribunal ruled in favor of Moonsar, awarding her compensation for sexual harassment.

2. McBride v. Scottish Police Authority (2016)
  - Situation: McBride, a forensic scientist, faced bullying when her manager consistently criticized her work in front of colleagues, undermined her decisions, and excluded her from important meetings.
  - Outcome: The tribunal found that McBride had been unfairly dismissed due to the bullying behavior, and she was awarded compensation.

3. Helen Green v. Deutsche Bank AG (2006)
  - Situation: Green experienced sustained bullying over several years, including being shouted at, ignored, and subjected to malicious gossip by colleagues, leading to a nervous breakdown.
  - Outcome: Green was awarded £800,000 in compensation for psychiatric injury caused by workplace bullying.

4. Bivonas LLP v. Bennett (2011)
  - Situation: Bennett, a trainee solicitor, was subjected to bullying by a senior partner, including being given impossible workloads, shouted at, and belittled in front of others.
  - Outcome: Bennett won her case, and the tribunal highlighted the firm’s failure to address her complaints.

5. Dr. Michalak v. Mid Yorkshire Hospitals NHS Trust (2011)
  - Situation: Dr. Michalak faced gender discrimination and harassment, including being excluded from meetings and subjected to false allegations of poor performance, leading to her resignation.
  - Outcome: She was awarded £4.5 million in one of the largest compensation payouts in the UK for workplace harassment.

6. Daniell v. Antrim Borough Council (2009)
  - Situation: Daniell was subjected to bullying by her line manager, including micromanagement, constant criticism, and setting unrealistic targets, which led to her mental health deteriorating.
  - Outcome: The tribunal found in her favor, awarding her compensation for the psychological harm suffered.

7. Roberts v. Cash Zone (Camberley) Ltd (2013)
  - Situation: Roberts was repeatedly mocked and insulted about his sexuality by colleagues. Despite reporting the behavior, the company failed to take adequate action.
  - Outcome: Roberts successfully claimed for sexual orientation harassment and was awarded compensation.

8. Majrowski v. Guy’s and St Thomas’ NHS Trust (2006)
  - Situation: Majrowski faced harassment from his manager, who constantly belittled him, set unrealistic deadlines, and criticized him in front of others.
  - Outcome: The House of Lords ruled that an employer could be vicariously liable for harassment under the Protection from Harassment Act 1997.

9. Case Example: Burton and Rhule v. De Vere Hotels (1996)
  - Situation: Burton and Rhule, waitresses at a hotel, were racially abused by a comedian performing at an event. The employer did not intervene or protect them from the abuse.
  - Outcome:The tribunal found the employer liable for racial harassment, awarding compensation to the claimants.

10. Case Example: Fox v. Oceanic Consultants Ltd (1997)
  - Situation: Fox was subjected to constant verbal abuse and aggressive behavior by her boss, leading her to resign due to stress and anxiety.
  - Outcome: The tribunal ruled in favor of Fox, concluding that she had been constructively dismissed due to the bullying.

These cases illustrate that workplace bullying and harassment can take many forms, from verbal abuse and exclusion to sexual harassment and discrimination. If you recognize any of these behaviours in your workplace, our Newcastle employment solicitors are here to help you understand your rights and take action to protect them.

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How We Can Help?

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Listen to Your Concerns: We start by understanding your situation in detail, ensuring that we fully grasp the nature of the bullying or harassment you’ve experienced.

Assess Your Case: We’ll evaluate the strength of your claim and advise you on the best course of action.

Represent You: Whether you choose to resolve the matter internally, through mediation, or by taking legal action, we’ll stand by you every step of the way.

Seek Justice: Our goal is to ensure you receive the justice and compensation you deserve, whether it’s through a formal complaint process or an employment tribunal.

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