Bullying & Harassment

What is essential to remember is that it is not how the behaviour is intended that is important; it is how the behaviour is received. The fact that the perpetrator may claim that the behaviour was unintentional is no defence.

Until recently, Employment Tribunals only had the scope to hear claims for bullying and harassment under existing discrimination legislation. This meant that unless the bullying and/or harassment was aimed at your sex, race, disability, etc then you could not make a claim to the Employment Tribunal. However, this has changed slightly. Recent cases have been successfully prosecuted where the harassment claim is brought under the Harassment Act 1997 in conjunction with an Unfair Dismissal claim.

If you have not been dismissed (or have not resigned because of what has been happening to you) then any bullying or harassment should be formally raised with your employer as a statutory grievance. In addition to this keeping a diary of all of the issues causing you to think you are being bullied or harassed may assist any potential claim. It should record names, dates, times, witnesses and what happened.

This is a complex area of law. If you think you are being bullied or harassed, or simply want more information, then please follow the 'Ask the Experts' link, complete the form and submit it to us. We will respond to you within 2 working days. If your enquiry is more urgent than that, please ring us on the number below.