Bullying and harassment at work: understanding your rights

Unfortunately, it would seem that bullying and harassment remains a considerable problem throughout society. A recent report from the Equality and Human Rights Commission detailing the level and extent of abuse faced by disabled individuals, provided a shocking reminder, with 56 per cent of disabled people polled reporting to have experienced hostility, aggression or violence because of their disability.

Bullying is particularly prevalent in the workplace with some reports suggesting that as many as 50 per cent of people have suffered from bullying and harassment while at work.

What is bullying and harassment?

The terms bullying and harassment are synonymous and often used interchangeably. Bullying is often defined as offensive, intimidating, malicious or insulting behavior, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Harassment can be characterised as unwanted conduct which violates your dignity in the workplace or which creates an intimidating, hostile, degrading, humiliating or offensive environment.

Workplace bullying and harassment can take many forms including a one-off isolated event, or a course of conduct. Examples include unfair treatment, deliberately undermining, constant criticism, exclusion, spreading of malicious rumours and preventing individuals from progressing by intentionally blocking promotion or opportunities.

The effect of bullying and harassment at work can make life unbearable; it can have profound psychological and even physical effects. However, it is important to note that there is protection under the law and you can take action.

Claims for bullying and harassment at work

Many employees are surprised to note that there is no specific legislation covering bullying at work but that instead employees can often rely upon the discrimination provisions in the Equality Act 2010.

The act enables any employee to bring a claim where they have been harassed for a particular reason protected under the Act such as; sex, race, religion or belief, disability, sexual orientation or age. As an employee you are also able to claim due to behaviour that you find offensive, even if it is not directed specifically at you.

Claims under the Equality Act 2010 are brought in an employment tribunal and the claim must be brought within three months of the alleged act. If you win your case a tribunal can give a declaration of the discrimination and award you compensation.

In some circumstances the bullying and harassment may be so severe that you may feel that you have no choice but to resign. If that is the case you might be able to bring a claim known as constructive unfair dismissal on the basis that the employer has fundamentally breached your contract of employment.

However, you must have worked for the company for 12 months. This type of claim is also brought in the employment tribunal and you must bring any claim within three months of the date you leave your employment. If successful, the tribunal can award you compensation for constructive dismissal, as it can for discrimination.

There is also protection for employees in the form of the Protection from Harassment Act 1997. Although initially introduced to deal with stalkers, the act can be used to pursue claims of bullying and harassment at work. An employee would need to show that they have been harassed in the course of their employment and there must be more than a one-off incident. 

Unlike discrimination and dismissal, this type of claim is pursued in the county court and the time limit is much longer, being six years from the date of the harassment.

Finally, in some circumstances an employee may be able to make a claim to the county court for stress at work resulting from the bullying and harassment as a personal injury claim. The time limit is three years from the date that you became ill due to the treatment you have experienced.

Practical tips

If you feel that you are being bullied or harassed it is often helpful to keep a diary of the events. You could, if you feel able, tell the person to stop or confront the bully. Any employee who feels they have been bullied should also make a complaint to their manager.  If you are considering legal action, make a formal complaint beforehand.

Don't suffer in silence

While bullying and harassment at work can often lead to you feeling distressed, devastated and isolated with nowhere to turn, there is no need for employees to suffer in silence. There are rights and protection under the law and help is available.

Vanessa Wilson is a solicitor in the employment team at Russell Jones & Walker.

See also:

• If you are or have been the victim of bullying, you can share your experiences, offer advice and gain support in complete confidence on the iVillage Beat Bullying message board.