How Can a Lawyer Help With Bullying in the Workplace?

There is no single legal definition of bullying, but it can include behaviour which makes a person feel threatened, intimidated, humiliated or taken advantage of. It may include insulting or offensive behaviour, such as verbal abuse, and in serious cases may involve physical violence.

Bullying can occur in many different settings, such as between neighbours or at work. Bullying at work is treated very seriously by the law; employers have a ‘duty of care’ to their employees which includes preventing and dealing with bullying at work. Bullying in the workplace can often be very subtle; for example, it could be construed as giving someone an impossible deadline, or removing an employee’s responsibilities and giving them more menial tasks.

Bullying is very similar to harassment, which is when a person’s behaviour is offensive to another person. Both bullying and harassment can also overlap with discrimination. If you think that you have been subjected to bullying, a lawyer may be able to help you. Whilst there are no laws directly allowing you to claim for bullying, a lawyer can explain the relevant rules of discrimination and harassment under which you may make a complaint or claim. Anti-discrimination legislation makes it unlawful in a workplace setting to harass someone on the grounds of:

o Sex
o Marital status
o Gender reassignment
o Race, disability
o Religion/belief
o Sexual orientation
o Age

The Sex Discrimination Act also explicitly outlaws sexual harassment. If you resign due to bullying, a lawyer may advise you to make a constructive dismissal claim to an employment tribunal.

Ben Letham works for Contact Law, the UK’s foremost legal brokerage company – finding the right employment solicitors for your needs.