Home > EMPLOYMENT > BULLING AND HARASSMENT AT WORK

This fact sheet will give you some basic information about the laws protecting you from bullying and harassment at work.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• What are bullying and harassment?
• What sort of things would count as bullying or harassment?
• Can I make claim for bullying or harassment?
• How do I make a claim for harassment in the county court?
• Can I make a claim for stress at work caused by bullying or harassment?

How can I tell if a job advert is fair?

Unpleasant treatment is not automatically bullying or harassment.

Bullying is offensive, intimidating, malicious or insulting behaviour intended to humiliate, denigrate or injure you. Whatever form it takes, it is unprovoked and unwelcome.

Harassment is behaviour which creates an intimidating, hostile, degrading, humiliating or offensive environment but also usually has a sexual, racial or physical aspect to it.

What sort of things would count as bullying or harassment?

The most obvious examples are:

• Your manager might humiliate you, make unjustified criticisms, set impossible deadlines, impose an excessive amount of work, remove your responsibilities, give you menial or pointless tasks to do, refuse your requests for leave or block your promotion.
• A fellow employee may bully or harass you by threatening, abusing or teasing you or physical assault.
• Groups of employees may victimise you.
• You may even be bullied by equal or junior employees.

Can I make a claim for bullying or harassment?

You can't complain to an Employment Tribunal about bullying as such, but you might be able to under the laws dealing with discrimination and harassment. These protect you from:

• Discrimination and victimisation because of your sex, marriage or gender reassignment.
• Harassment because of your colour, nationality, ethnic or national origin.
• Victimisation against you because of your disability.
• Discrimination and harassment because of your sexual orientation, religion or belief or your age.

There are specific fact sheets for each of these issues on Your Legal Rights.

If the bullying or harassment does not fall into any of these specified areas, you will have to take your case to the county court instead. You will also have to do this if you miss the strict time limit for making a complaint to the Employment Tribunal (this is normally three months less one day).

How do I make a claim for harassment in the county court?

There is no legal definition of harassment, so the type of claim you can bring is much wider than for the discrimination claims mentioned above.

For a harassment claim to succeed, all you will need to show is that you have been harassed by another employee at work. You won't have to show you've suffered a physical or psychological injury, only that you have been harassed on at least two occasions. If you are complaining about a one-off incident, you won't be able to make a claim in the county court; you will have to rely on the anti-discrimination legislation.

You have to bring a claim within six years of the harassment taking place. However, you should also be aware that, unlike in an Employment Tribunal, there is a risk you will have to pay the other side's costs if your claim is unsuccessful. But you are likely to get your own costs back from the other side if you win.

Can I make a claim for stress at work caused by bullying or harassment?

You can, but it is very difficult to win this type of case. This is because you would have to show your employer should have foreseen their behaviour would not only make you feel dissatisfied, frustrated, embarrassed or upset but also that it would cause you a psychiatric injury.

There is a separate fact sheet on Your Legal Rights with more information about stress at work.