To put it simply, bullying is not something employers can afford to ignore. Whilst there is no legal definition of bullying, it can give rise to a range of legal claims, create significant health and safety risks, damage workplace culture and lead to substantial reputational and financial consequences.
This article provides an overview of the key legal risks to keep in mind and what employers can do to minimise their exposure.
Although there is no specific claim for bullying, bullying behaviour may constitute harassment or discrimination under the Equality Act 2010 where it is related to a protected characteristic such as sex, race, age or disability. Employees may also bring claims under the Protection from Harassment Act 1997, which does not require a connection to a protected characteristic. Ultimately, employers can be held liable for workplace bullying, making it a significant legal risk.
Bullying may also lead to constructive unfair dismissal claims, where an employee resigns because they feel they can no longer continue working, arguing that the bullying amounts to a breach of the implied term of trust and confidence. The employee may argue that the bullying amounts to a breach of the implied term of trust and confidence. In some cases, complaints about bullying may also amount to protected disclosures under whistleblowing legislation.
There are important health and safety considerations too. Bullying can...
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