This article attempts to describe the legal framework for bullying cases, whilst acknowledging that there is currently no legal definition of the term “bullying”.
As defined by 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.”
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.
I have recently been involved in a BBC short documentary about bullying in the workplace which can be viewed here on the BBC website. This feature shares video accounts of workers who have experienced bullying in the workplace, alongside advice and insights from myself and other professionals who address such cases on a daily basis.
The most important thing above any claim you may have is in maintaining your own health. This must be the priority.
If you are concerned about how you are coping with bullying and harassment at work, we would encourage you to speak to your GP and seek specialist advice. They have a wealth of experience and knowledge surrounding the issues of mental ill-health.
At your workplace and before any issues escalate, do try to speak to someone who may be able to help you and who you feel able to confide in. If you have been battling these issues quietly, explain the problems you are facing at work in a calm and professional manner to your employers.
You must legally prove that you have not only suffered workplace stress, but that the stress meets the clinical criteria for a recognised psychiatric condition.
If so, you would be able to claim compensation known as general damages – compensation for the pain and suffering you have endured as a result of the negligence.
Courts use guidance called the Judicial Studies Board Guidelines (JCG) as a starting point, which take into account the following:
If you were to consider making a claim, having a record of work issues raised can be useful. If you feel as though you have tried to bring them to your employer’s attention and are still experiencing bullying and harassment, we would be happy to discuss the matter further with you.
Bullying and Harassment at Work – Oakwood Solicitors
Stress at Work – Oakwood Solicitors
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Meet the author
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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