What are My Rights if I am being Bullied at Work?

Bullying in the workplace is unfortunately not uncommon, and sadly a reality for many employees. However, it is important to remember that as an employee, you do have rights, and the law is on your side. At RDC Solicitors, we are committed to helping employees understand their rights and take appropriate action to protect themselves from bullying and harassment at work.

This article outlines the key legal protections available to employees, what steps to take if you are experiencing bullying, and how we can help you in the event that you are being bullied at work.

Understanding Workplace Bullying

Workplace bullying is behaviour from a colleague, manager, or anyone in your working environment that is offensive, intimidating, or intended to undermine your confidence or ability to perform your job. This could manifest in various forms, including verbal abuse such as insults, threats, or harsh criticism, or even physical intimidation such as threatening gestures or physical harm. Exclusion is also classed as bullying, for example, being deliberately isolated or ignored.

Undermining work such as unfair criticism, blocking promotion opportunities, or setting you up to fail can also fall under the remit of workplace bullying, as can cyberbullying which includes offensive emails or messages, or spreading rumours online.

It goes without saying that bullying can cause significant emotional distress and may affect your ability to work effectively. However, it is also important to distinguish bullying from legitimate management practices, such as fair performance reviews or reasonable requests to improve work quality.

Legal Protections Against Bullying in the Workplace

In the UK, while there is no specific legislation solely addressing workplace bullying, several legal frameworks offer protection. For example, bullying can be protected by the Harassment under the Equality Act 2010 if the bullying is related to one of the protected characteristics, for example age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation. Harassment is defined as unwanted behaviour that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

The Health and Safety at Work Act 1974 ensures that employers have a duty of care to ensure your health, safety, and welfare at work. If bullying is causing you significant stress or leading to mental or physical health issues, your employer may be in breach of their duty of care under this act.

The Protection from Harassment Act 1997 was originally designed to address stalking, but this act can also apply to workplace bullying if the behaviour is sufficiently serious and occurs on more than one occasion. It criminalises behaviour that causes alarm or distress, and you may be able to seek a restraining order or claim damages.

Finally, Constructive Dismissal under Employment Law could come into play if the bullying is so severe that you feel you have no choice but to resign, and you may be able to claim constructive dismissal. This occurs when your employer's behaviour constitutes a fundamental breach of contract, such as failing to provide a safe working environment. To pursue this claim, you would need to show that the bullying was the main reason for your resignation and that you did not delay too long before resigning.

You should consider raising grievance before resigning. If you resign the burden of proof is on you to prove that your employer is in a fundamental breach of your contract of employment. If your employer is to terminate your contract the burden of proof is on the employer to prove that dismissal is fair.

Steps to Take if You Are Being Bullied

If you are experiencing bullying at work, it is vital to take the following steps:

Document Everything

Keep a detailed record of all incidents of bullying, including dates, times, what was said or done, and any witnesses. This evidence will be crucial if you decide to take formal action.

Report the Bullying

Most workplaces have a grievance procedure in place. Report the bullying to your line manager, HR department, or a trusted senior colleague. It is advisable to do this in writing so that there is a clear record of your complaint.

Seek Support

It can be helpful to talk to a union representative, a trusted colleague, or a professional counsellor about your situation. Emotional support is vital during this challenging time.

Consider Mediation

Some employers offer mediation services where an impartial mediator can help resolve disputes. This can be a less confrontational way to address bullying, but it is important to note that both parties must agree to participate.

Legal Action

If internal procedures do not resolve the issue, or if the bullying continues, you may need to consider legal action. This could involve making a claim to an Employment Tribunal for harassment, constructive dismissal, or breach of contract. Legal action should be a last resort, but it is sometimes necessary to achieve justice and protect your rights.

Seeking Legal Support

At RDC Solicitors, we understand the significant impact that workplace bullying can have on your professional and personal life. Our experienced employment law team can provide the guidance and support you need to navigate this difficult situation. From drafting grievance letters, to representing you in negotiations with your employer or assisting in mediation. If you decide to pursue legal action, RDC can represent you in making a claim to the Employment Tribunal and will guide you through the process, from filing the claim to representing you at hearings.

If you believe you have been forced to resign due to bullying, RDC can advise on whether you have a case for constructive dismissal and assist in bringing a claim. Depending on the circumstances, you may also be entitled to compensation for the bullying you have suffered, and we can help you understand your options and seek the maximum compensation available.

At RDC Solicitors, we are here to support you every step of the way. If you are experiencing workplace bullying, do not hesitate to contact us for expert legal advice tailored to your situation. Together, we can work to ensure your rights are upheld and that you can move forward in a safe and supportive working environment. For more advice and support, call us today on Bradford 01274 735511, Ilkley 01943 601173 or Bingley 01274 723858.