Your Rights if you are being Bullied in the workplace

Site updated on August 5, 2016

A Summary

If you are being bullied at work, this can be difficult to deal with without help. Do not suffer this on your own, as your Employer owes you a duty of care – it is an implied term in your contract.

There is no specific legislation on bullying as such, but you can rely on other laws, such as the Health and Safety at Work Act or the Equality Act which aims to prevent bullying on a number of named characteristics: so if the bullying involves your age or sexual orientation for example, you make a claim of discrimination.

You must raise the matter with your Employer. Seek support from a colleague if you can. If you cannot talk to your immediate boss (perhaps he/she is the bully?) then talk to someone more senior. If you are in a trade union (or even if you are not but there is a union rep in your workplace) discuss the problem with your trade union rep. It can help to keep a diary or log of the incidents as evidence; and if anyone else is present, ask them to back you up as a witness, even with a written statement.

If there is a Personnel or Human Resources Manager, report the bullying to them. Keep a record of all the instances of bullying that occur, with dates etc – a bit like a diary. Sometimes the incidents can appear fairly trivial when looked at in isolation, but a very different picture emerges when all of the incidents are taken together.

You can take up a formal grievance with your Employer if you are being bullied at work. You are owed a duty of care, and a safe working environment. If your Employer does not act to protect you, you may be able to make a claim at court or an Employment Tribunal. If the bullying is based on things like your race, sex, disability, age, religion or belief, sexual orientation or because you are pregnant Рyou can certainly make a claim to a tribunal.

If the bullying has damaged your health, you may be able to make a claim for any personal injury you have suffered. You cannot make a personal injury claim to a tribunal, you will have to go to a Civil Court, which obviously needs legal support. (Again, if in a union, ask if they will assist in your claim)

Contact us for some advice if you are not sure what to do next.

As a last resort, rather than continue to suffer and risk your health, you could consider resigning and claiming Constructive dismissal, but you should try and resolve this with your Employer first. as you have lost your job and income.

© Your Job Rights 2016

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