As part of Anti-Bullying Week 2023 the Anti-Bullying Alliance is encouraging the public to ‘help make a noise to stop bullying.’ While the charity’s focus is on bullying in schools, bullying is not limited to the playground. Workplace bullying has been hitting the headlines more frequently in recent months.

This article looks at the key elements of good practice for preventing and responding to allegations to workplace bullying.

The impact of workplace bullying

Bullying at work can be costly in terms of productivity, morale and retention, but also can result in costly Employment Tribunal and Court claims.

Bullying often affects an employee’s work performance and can damage their confidence, mental health and general wellbeing. While there is no law specifically against bullying, it can lead to claims for:

• personal injury, generally where the stress causes a psychiatric injury;
• constructive unfair dismissal; and
• potentially harassment, if on grounds of a protected characteristic, which is a form of discrimination under the Equality Act 2010, or under the Protection from Harassment Act 1997.

Employers can be liable for an employee’s discriminatory bullying of a colleague. Furthermore, employers can also be vicariously liable for damages from their employee’s harassment of another employee under the Protection from Harassment Act 1997.

Banter or bullying – what is the difference?

Banter is the playful and friendly exchange of teasing remarks. Bullying goes beyond this.

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