Anti-Bullying Week 2024 is here to highlight the impact bullying can have on a person’s life and what steps we can take to stop it.
If we know how to identify bullying, we can act quickly to prevent it.
Everyone will experience conflicts and grievances with friends, family members or colleagues throughout their life, but bullying is not just falling out. Bullying is described as an ongoing and repetitive imbalance of power, where one person or group is intentionally hurting another.
Bullying can result in serious consequences if it takes place in the workplace and affects the health of an employee. Employees could even be entitled to make a Stress at Work claim against their employer if they can legally prove that they have not only suffered workplace stress but that the symptoms of stress meet the clinical criteria for a recognised psychiatric condition.
Employers have a legal duty of care to protect their employees from harm, and this includes bullying. Employers should take bullying allegations seriously and do all they can to prevent this from happening.
We have broken down everything you need to know about workplace bullying and how to make a claim through Oakwood Solicitors.
What is bullying?
According to ACAS, bullying is “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.”
Examples of bullying at work include:
- Giving someone a heavier workload deliberately
- Criticising someone’s work constantly
- Putting someone down in meetings
- Excluding staff members from team events
- Putting offensive or threatening comments on social media
Although there is no claim for bullying in itself as a legal action – there has to be some sort of failure by the employer to protect an employee for the behaviour complained of.
There also has to be some sort of financial loss that can be compensated and/or an impact on someone’s health (often to their mental health) which is significant to meet the necessary criteria for a compensation claim.
Workplace Bullying – criteria to make a claim
To make a claim against your employer for workplace stress as a result of the bullying, the symptoms of stress must meet the clinical criteria for a recognised psychiatric condition. If this can be proven, you would be able to claim compensation for the pain and suffering you have endured as a result of negligence.
If the symptoms meet the criteria, the court uses guidance called the Judicial Studies Board Guidelines (JCG) as a starting point, which takes into account the following:
- The injured person’s ability to cope with life and work
- The effect on the injured person’s relationships with family, friends, and those with whom he or she comes into contact
- The extent to which treatment would be successful
- Future vulnerability
- Prognosis
- Whether medical help has been sought
How to make a claim
To make a psychiatric injury claim, you must have commenced proceedings within 3 years of your date of knowledge that you have suffered an injury as a result of the work-related stress caused by the bullying.
Usually, we advise that the time limit runs from the first time you seek medical advice from your GP, but the limitation is assessed on a case-by-case basis.
There may also be separate allegations that can be made under the Protection from Harassment Act 1997, and such allegations would be subject to a 6 year limitation period.
If you are unsure about your own time limit, we would be happy to help advise you if we’re able to support you with a claim.
How much is my claim worth?
The section of the Judicial Studies Board Guidelines (JCG) covering psychiatric injury claims has four compensation brackets:
- Severe – The most extreme of cases, where the outlook for someone’s recovery is extremely poor (£51,460.00 – £108,620.00).
- Moderately severe – Symptoms amount to a disability affecting someone’s life in a permanent or long-standing way, preventing a return to comparable employment (£17,900.00 – £51,460.00).
- Moderate – Symptoms have affected daily life, work, and relationships but where medical evidence opines that good progress towards recovery will be made by the time of trial. The extent that treatment will assist recovery, alongside future vulnerability to relapse is also assessed (£5,500.00 – £17,900.00).
- Less severe – Usually where the duration of symptoms are less than twelve months, and the extent to which the symptoms have affected someone’s daily activities and sleep is low level (£1,440.00 – £5,500.00).
Most cases of this nature fall within the moderate or moderately severe categories. The court considers similar trialled cases to determine where a case may fall regarding the compensation bracket.
- Post-Traumatic Stress Disorder (PTSD) cases – the court has additional separate guidance from the above.
- Special damages – Can cover out-of-pocket expenses such as lost earnings, travel, medication and treatment costs, etc.
Claims for both past and anticipated future losses can be made. This list is not exhaustive and is very case-specific.
Further reading
Bullying and harassment – Oakwood Solicitors
Stress at work claims – Oakwood Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Jessica Rowson started as a Paralegal at Oakwood Solicitors in July 2010, qualifying as a Solicitor in September 2013. Following her qualifying as a Solicitor, Jessica established a niche department …
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