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Making a workplace bullying claim. Your options and how employment disputes may be dealt with
Bullying in the workplace should always be treated seriously, as such issues can be distressing and damaging to an employee. In some instances, an employee is signed off work with stress, which in turn impacts on the business and can be disruptive in the workplace. According to a recent study, almost 25% of employees in the UK feel they have been bullied at work.
Bullying is one of the most challenging workplace disputes; should bullying arise, the employee who believes that they are being bullied will need the situation to be resolved smoothly and quickly. Initially you should follow the procedures to resolve workplace issues as set out by your company. The serious nature of an allegation of bullying may require legal advice to ensure that the matter a) falls within the remit of bullying and b) is being handled correctly, in accordance with the law, by the business.
In this guide, we will review the common instances of bullying, as well as outlining the differences between bullying and harassment. Finally, we will look at what you should do if you are being bullied in the workplace and review how Giambrone’s employment lawyers can help with a wide range of employment issues, including making a tribunal claim.
Click on a link to that section:
Read the most common types of bullying and harassment cases in the workplace.
Find out the difference between a bullying and harassment claim.
Read what steps you can take if you’re being bullying or harassed in the workplace.
Find out how Giambrone can help you in making a bullying or harassment employment claim.
The common types of workplace bullying
There is a considerable range of overt actions that amount to bullying include personal insults, intimidating behaviour including shouting, persistent criticism, malicious pranks or teasing, unreasonable deadlines, withholding informaton and excessive micromanagement. More indirect forms of bullying in the workplace can include your job security being threatened without due cause, being purposely over loaded with work, being ignored, taking credit for your work or off-loading the blame for errors without justification. This list extends far beyond the examples listed. Such behaviour is never acceptable and should be addressed.
How is bullying in the workplace defined?
There is no legal definition of bullying and there are many forms of behavior that amount to bullying.
Workplace bullying is defined by Advisory, Conciliation and Arbitration Service (ACAS) as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the person being bullied”.
What is the difference between bullying and harassment?
While bullying is intensely distressing and upsetting, it is not against the law. Harassment, however, is against the law. Harassment is based on protected characteristics under the Equality Act 2010.
The Equality Act 2010 s26 defines harassment as unwanted conduct that creates an intimidating, hostile, degrading, humiliating or offensive environment which the employee believes violates their dignity. As well as treating a person less favourably due to failure to submit (or submitting to) sexual harassment or harassment related to gender reassignment. The protected characteristics included in the Equality Act 2010 are as follows:
- Age
- Disability
- Gender reassignment
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
When is harassment unlawful discrimination?
Discrimination is evident when choices made by an employer or any other person in the workplace are based on a protected characterisitc, rather than on the capability, talent, experience, or other legitimate factor related to the person being harassed. An example of workplace discrimination could be an instance of denying an individual a job or a promotion, based on one or more of the protected criteria, such as their sexual orientation, age or pregnancy.
What to do if you’re being bullied in the workplace
If you believe you are experiencing bullying at work, the first step is to try and resolve the dispute through communication. If you feel able to do so – speak to your manager, HR department, or trade union representative so that the issue be dealt with in the calmest professional manner.
However, if these options are not successful or appropriate for your situation, you may be able to reach conciliation through other methods. It might be possible to use alternative dispute resolution (ADR) such as mediation or arbitration. Using ADR can provide a safe, controlled environment for you to discuss the issue. You can find out more about using alternative dispute resolution in employment disputes here.
Should all attempts to reach resolution prove to be unsuccessful, the remaining option is to take the issue to the Employment Tribunal for legal decision. Giambrone’s experienced employment lawyers will be able to help you to determine which method would be best for your situation.
What is needed to support your complaint?
Retain all emails or any other written proof of workplace bullying to support your allegation. It is also advisable to list of any occurrences of bullying that have occurred, including the time and date of the instances you are citing. If the bullying has been witnessed by other workers, obtain witness statements from other co-workers to support your claim. In general, it is always useful to make a claim as early as possible to ensure that a) there is no confusion and instances are not overlooked or remembered incorrectly and b) the bullying is dealt with quickly and not allowed to continue for a lengthy period of time.
How Giambrone & Partners can help
Giambrone’s employment lawyers will support you providing guidance at every step. We have a successful track record in obtaining compensation for our clients through Employment Tribunal or by using alternative dispute resolution to resolve your bullying claim. Our team will suggest the best method in order to receive the compensation or outcome you deserve. Get in touch with us to see how we can help you to achieve your desired outcome with minimal stress and lost time.
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