A Guide To Workplace Bullying

Workplace bullying can have a significant impact on an employee’s wellbeing, confidence and ability to carry out their role. While many employees assume there are specific laws protecting them from bullying at work, the legal position is often more complex.

This guide explains your rights, the steps you can take if you are experiencing workplace bullying, and the legal options that may be available if the situation becomes untenable.

What is Workplace Bullying?

Workplace bullying can take many forms, including:

• Persistent criticism or humiliation.
• Exclusion from meetings or workplace activities.
• Excessive monitoring or micromanagement.
• Intimidating, offensive or threatening behaviour.
• Unreasonable workloads or unrealistic expectations.

Bullying can be carried out by colleagues, managers or even senior leadership.

Is Workplace Bullying Illegal?

There is currently no specific law that makes workplace bullying unlawful in itself.

However, if the bullying is connected to a protected characteristic, such as age, disability, race, religion, sex, sexual orientation or pregnancy, it may amount to unlawful discrimination or harassment under the Equality Act 2010.

For more general forms of bullying that are not linked to a protected characteristic, employees may have fewer direct legal remedies, but that does not mean they are without options.

What Should You Do if You Are Being Bullied at Work?

In most cases, the first step is to raise the issue with your employer.

This can often be done informally at first, but where the issue persists, employees should consider submitting a formal grievance.

A grievance allows you to:

• Explain your concerns.
• Provide evidence of the behaviour.
• Request action from your employer.
• Create a formal record of the issue.

Employers are expected to follow the Acas Code of Practice when dealing with grievances. This will usually involve an investigation, a meeting and a written outcome. If you disagree with the outcome, you should normally have the right to appeal.

What if Your Employer Does Not Resolve the Problem?

If the grievance process does not improve the situation, your options may become more limited.

Depending on the circumstances, you may wish to:

• Continue discussions with your employer.
• Explore whether a settlement agreement is possible.
• Seek legal advice regarding your position.
• Consider resignation as a last resort.

Before resigning, it is important to understand the legal consequences, as resigning can affect your ability to bring certain claims.

Can You Claim Constructive Dismissal?

Potentially.

If workplace bullying becomes so serious that it fundamentally damages the employment relationship, you may be entitled to resign and claim constructive dismissal.

To succeed, you would usually need to show that your employer committed a serious breach of contract, often by breaching the implied duty of trust and confidence.

This could arise from:

• A single serious incident.
• A series of related incidents over time.
• A failure by the employer to address ongoing bullying.

Constructive dismissal claims can be difficult to prove, which is why legal advice should be sought before taking action.

Wrongful Dismissal and Unfair Dismissal

Wrongful Dismissal

If you successfully establish constructive dismissal, you may also have a claim for wrongful dismissal.

Wrongful dismissal is a breach of contract claim and compensation is generally limited to the financial position you would have been in during your contractual notice period.

Unfair Dismissal

Constructive dismissal can also form the basis of an unfair dismissal claim.

In most cases, employees need at least two years’ continuous service to bring an unfair dismissal claim.

Compensation can include:

• A basic award, calculated similarly to a statutory redundancy payment.
• A compensatory award for loss of earnings and benefits.

Because eligibility rules and compensation vary significantly, specialist advice should be obtained before making any decisions.

Employment Tribunal Time Limits

Employment tribunal claims are subject to strict deadlines.

In most cases, a claim must be started within three months less one day of the act complained of. For constructive dismissal claims, this is usually calculated from the date employment ends.

Missing a deadline can prevent a claim from proceeding, so it is important to seek advice promptly.

Acas Early Conciliatio

Before bringing most employment tribunal claims, employees must notify Acas and begin the Early Conciliation process.

Early Conciliation:

• Is free of charge.
• Aims to resolve disputes without tribunal proceedings.
• Is generally mandatory before a claim can be issued.
• Can pause or extend tribunal limitation periods in certain circumstances.

Many disputes are successfully resolved during Early Conciliation, avoiding the need for formal legal proceedings.

Workplace bullying can be stressful, emotionally draining and difficult to navigate. Whether you are considering raising a grievance, negotiating an exit package or pursuing a legal claim, obtaining early legal advice can help you understand your options and avoid costly mistakes.

The Employment Law team at Wilson Browne Solicitors provides practical, tailored advice to employees facing workplace bullying and other employment disputes. If you would like to discuss your situation, please contact our team for a confidential consultation.