If you have suffered a recognised psychiatric injury because of bullying and harassment at work, you could have potential claims in both the Civil Courts and the Employment Tribunal against your employer.
People often experience unpleasant treatment at work at the hands of their managers and fellow colleagues at certain time during their working career. Sometimes this activity deeply affects individuals, and it can become a huge problem for their health.
What is bullying?
ACAS defines bullying as:
“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 as a legal action – there must be evidence of failure by the employer to protect an employee for the behaviour complained of.
There also must be evidence of monetary 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.
What is harassment?
Bullying in and of itself is not against the law, but harassment is. Unwanted behaviour becomes harassment if it includes:
- Age, sex, or race
- Disability
- Gender reassignment
- Marital/civil partnership status
- Pregnancy and maternity
- Religion or belief
- Sexual orientation
If the conduct meets the legal requirement for a claim under the Protection from Harassment Act, the employer can be responsible on the basis that the behaviour took place at work.
- To meet the threshold for harassment, you must show that the conduct has:
- Occurred on at least two occasions.
- Targeted at a specific person, i.e. the person bringing the claim.
- Calculated in an objective sense to cause distress/humiliation/injury.
- Subjectively judged to be offensive, oppressive, and unacceptable.
What should I do if I am experiencing harassment or bullying at work?
The most important thing above any claim you may have been in maintaining your own health. This must be the priority.
To cope with bullying and harassment at work, it is recommended to consult your GP for specialist advice. They have extensive knowledge about mental health issues. Before escalated issues, seek help from someone you can trust.
If you have been dealing with these issues privately, explain them to your employers in a calm and professional manner. This will help you navigate the challenges at work.
A record of work issues raised can be beneficial in making a claim. If you continue to experience bullying and harassment, we can discuss the matter further. Contact us for a free, confidential assessment if you need legal support. We are happy to discuss the matter further.
Do I have a claim?
When exposed to bullying and harassment over a period, there is a risk that this may damage someone’s mental health to the extent that medical help and support is required.
Employers have a legal duty to support employees’ physical and mental health, including investigating bullying and harassment, and must take practical measures to address such issues.
In a stress a work claim, compensation is pursued in the county courts against an employer who has failed in their legal duties to keep their employee mentally safe at work, despite being aware that there were bullying and harassment issues reported to them to which they failed to do enough to look into and intervene.
What are the criteria for a stress at work claim for bullying and harassment?
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 because of the negligence.
If the symptoms meet the criteria, the court uses guidance called the Judicial Studies Board Guidelines (JCG) as a starting point, which considers 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 do I make a claim?
Before deciding if a claim is the best option for you, it is important to seek initial legal advice. Oakwood Solicitors Ltd offers a free initial assessment and would be happy to examine any documents you have and discuss whether we think that action could be taken.
If a solicitor believes your claim has merit, consider the potential health impact of moving forward. Litigation can be stressful and potentially adverse. While solicitors cannot provide medical advice, they must advise that pursuing a claim may remind you of the stress caused by your psychiatric condition.
A successful claim results in financial compensation, but most cases settle out of court, leaving unanswered questions. Doctors advise that a successful recovery from illness depends on moving on from the issues, rather than seeking litigation. Litigation may delay recovery, so decision-making should be made independently and in consultation with medical advice.
If you agree to proceed with a claim, our team will be happy to explain the process in further detail with you.
Frequently asked questions:
How long do I have to make a claim?
Claims for psychiatric injury are subject to strict time limits and you must have commenced proceedings within 3 years of your date of knowledge that you have suffered an injury because of the work-related stress. Usually, we advise that the time limit runs from the first time you seek medical advice from your GP, but 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 are 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 satisfactory 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 trailed 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.
Will I have to go to court?
If the case did not settle, then ultimately the matter would proceed to court, where a Judge would decide. However, most cases do settle out of Court, so although this is an unlikely eventuality, we cannot rule it out as an impossibility.
If you do have any concerns about this during the process of your claim, we would be happy to discuss this with you and address any concerns you may have.
Further information:
Bullying in the workplace – What is bullying and how do I deal with it?
Bullying and Harassment at work.
WHAT TO DO NEXT?
Oakwood Solicitors offers a specialized team with a TQUK Level 2 Certificate in Mental Health Awareness to help individuals with psychiatric injuries from work-related stress.
They understand the challenges faced by those with bullying or harassment at work and offer a free assessment without obligation to pursue a claim, whether it is ongoing or historic.
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.
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Fiona Almazedi has been with Oakwood Solicitors for the last 10 years working as a consultant and taking up the position of Head of Employment on the 3rd January 2024.
Fiona has over 20 years of ex…
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