Workplace Bullying: Legal Protection and Seeking Help in the UK

Workplace bullying is one of the critical issues that could be a potential source of significant psychological, professional, and even overall health harm to a victim. Workplace bullying involves persistent offending, intimidating, or humiliating behavior creating a toxic work environment. This paper analyzes legal protections in the UK for cases of workplace bullying and shows the ways through which one may seek help.

What is Workplace Bullying?

Workplace bullying includes repeated unreasonable behavior intended to belittle, humiliate, or intimidate an employee. It may be overt as in verbal abuse, public humiliation, and threats or covert such as exclusion from meetings, spreading rumors, or sabotaging the work efforts of the victim. Bullying, however, is not necessarily accompanied by physical injury, but it can have devastating psychological and emotional impacts.

Although there is no specific UK law that directly addresses workplace bullying, certain legal provisions protect employees from abusive workplace environments, particularly when bullying overlaps with harassment, discrimination, or breaches of employment contracts.

Legal Protections Against Workplace Bullying in the UK:

1. The Equality Act 2010:
If the bullying relates to some protected characteristics like age, gender, race, religion, disability, sexual orientation, or pregnancy, it would come under the circumstances of harassment under Equality Act 2010. Harassment is deemed to have taken place when unwanted behavior by a third party creates an intimidating, hostile, degrading, or offensive environment for a person.
•According to section 26 of the Equality Act, harassment is some conduct that violates a person’s dignity or creates a hostile work environment.
•Employers are under a duty to prevent harassment and can be liable if they do not act reasonably in preventing such activities.
2. Protection from Harassment Act 1997:
This act provides for greater protection outside the workplace setting. This act criminalizes behavior that is perceived to cause alarm, distress, or harassment not directly associated with protected characteristics. An employee experiencing harassment at a level which amounts to a harassment scenario can bring an action under this act.
3. Health and Safety at Work Act 1974:
Through the Act, employers are automatically statutorily obligated to keep their employees in the best health, safety, and welfare. Continuous harassment can lead to stress-induced illnesses, which would imply a breach of the duty of care of the employer. Failure to take steps against workplace bullying by an employer may be actionable for failing to provide protection against harm to employees’ well-being.
4. Constructive Dismissal and Employment Rights Act 1996:
If the bullying is so severe that an employee feels that he is being coerced into resignation, constructive dismissal could be in place. The Employment Rights Act 1996 provides that an employee can raise a complaint if they demonstrate that their employer has breached their fundamental contract by not preventing bullying.
5. Company Policies and ACAS Guidelines:
Most companies have internal anti-bullying policies that stipulate expected conduct and grievance procedures. ACAS is the Advisory, Conciliation and Arbitration Service. It has a guide on resolving workplace disputes. This can be helpful for workers who want to address bullying at work through internal means.

Read Also: The Role of Mental Health in Employment Discrimination Cases

How to Seek Help:

If you are being bullied at work, there are ways you can help yourself and redress the situation:
1. Record Incidents:
Document the acts of bullying by noting the date, time, location, the people involved, and the character of the conduct. Save a copy of related emails, messages, or testimony from witnesses since these can prove useful if you make a complaint.
2. Look at your company’s policies:
Check whether your employer has policies on work conduct, grievances, and harassment. Most companies have well-structured procedures to report bullying and address the matter internally.
3. Report the Bullying:
Raise the matter informally with your line manager or HR department. If the issue does not go away, lodge a formal complaint via your employer’s grievance procedure. Employers have a legal duty to investigate and take appropriate action.
4. Obtain Legal Advice:
If the internal process does not yield a solution, seek the help of an employment solicitor, who can give you guidance on your rights and potential legal remedy. You may also seek assistance from your trade union if you are a member.
5. Seek ACAS Early Conciliation:
You should notify ACAS before taking the case to the employment tribunal as it provides early conciliation services that can assist in amicable resolution of the dispute. It is free, and you might reach a mutually acceptable solution that does not necessarily require litigation.
6. Consider an Employment Tribunal Claim:
Should bullying constitute discrimination, harassment, or a breach of contract, you can file a complaint with an employment tribunal. Claims should usually be lodged within three months of the last incident of bullying.
7. Take Care of Your Mental Health:
Workplace bullying is very stressful to experience. Try to seek advice from a counsellor, employee assistance programs, or mental health charities such as Mind and Samaritans. You could also try doing some stress-reducing things and talking things over with other trusted colleagues.

Conclusion:

The UK law does not have provisions that strictly outlaw workplace bullying; however, a number of laws provide protection against harassment, discrimination, and dangerous working conditions. Once you understand your rights and available remedies, you may be ready to take action against workplace bullying to secure your well-being. If you are unsure about what is legally possible for you, you might consult an employment lawyer or seek advice at ACAS. No one deserves to face bullying at work; with well-informed steps, you can reclaim respect and safety in the workplace.

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Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.