As an employee, you should feel comfortable attending work and not be made to feel intimidated or threatened. Your employer has a duty of care to their employees and this includes dealing with bullying in the workplace.
So what amounts to bullying and what should you do if you feel that you are the victim of workplace bullying?
Bullying includes abuse, humiliation, physical or verbal violence and undermining someone's confidence. Office banter amongst colleagues is one thing but if the behaviour is persistent and unwelcome then it could be seen as bullying.
What's the difference between bullying and harassment?
Bullying is similar to harassment, but harassment occurs when someone's comments are offensive and have a specific focus, for example making racist or sexist comments over a period of time. Bullying does not just have to be face to face, it can also be in writing or over the telephone.
How to handle workplace bullying
If you feel that you are being bullied, you should speak to someone about it. If you do not feel that you can address the issue with the bully themselves then you should consider speaking to someone in your HR department, your trade union representative or your line manager/supervisor. You should also start to keep a written record of each incident of bullying. If the situation cannot be resolved, you may consider bringing a grievance under your employer's grievance policy.
It is not possible to bring a legal claim about bullying itself, but if you feel that you have no choice but to resign due to bullying, you may be able to bring a claim for constructive dismissal. It may also be possible to bring a claim for harassment or discrimination. In this case you will need to seek the advice of a solicitor who can advise you as to the merits of your claim and outline the Employment Tribunal procedures.
For more information on workplace bullying, or any other employment issue, please call Mark Serby on 0114 266 6660 or email [email protected].
