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When talking about bullying, most people will think that it takes place only in the school playgrounds and classrooms, but for many adults, bullying has become the scourge of their work day and there often feels like there is no escape.
"The difference between a bully and a mistake is with the intent: the bully wants to wound, to have power over, to humiliate, and destroy." – Sherry Benson Podolchuk, 'Workplace Bullying And The Strategies I Used To Survive' Ted Talk, November 2015
Whilst it may take the form of name calling, physical abuse, social bullying or even cyberbullying, in the workplace, bullying is a form of abusive behaviour where an individual or a group of people, create an intimidating or humiliating work environment for another. This is with the purpose of harming their dignity, safety and well-being. This can make those subjected to it anxious, depressed and it might affect their family life too.
You may hear many different opinions about bullying in the workplace banded around; many employers fail to see the legitimacy, or very real effects that a bully can have on an individual, and will try to frame bullying in such a way that it is seen as a non-issue.
You may hear managers describe bullying as many things, but it is certainly not:
It is important to remember that if you are being bullied, all incidents are relevant, because they establish a pattern.
Bullying itself is not against the law, but if a colleague or manager is behaving in an intimidating or offensive way, it could be harassment, which is illegal under the Equality Act 2010.
Examples of harassment include any unwanted behaviours regarding:
These are protected characteristics under the Equality Act 2010.
In the first instance, you should seek to solve your problem informally. If you feel safe and comfortable speaking to the person you feel is bullying you, it is a good idea to do so, as informing them that you will be taking a more official route may be enough to stop their behaviour.
For many though, the informal way isn't an option, and if this is the case, you should make management, HR, or (if applicable) your trade union aware that you believe harassment is going on, and they should take the necessary steps to get the issue resolved.
If you are still not satisfied that the harassment has stopped, if it is not taken seriously by your line manager, or if the problem gets worse, you should seek to make an official complaint via the usual grievance procedures. Your employee handbook (any good employer will have one of these) will detail the process.
For some cases, the previous steps are not enough to solve the problem, and it is necessary to take legal action at an employment tribunal. This is usually in very severe cases of misconduct. Your employer has a legal obligation to protect you from abusive behaviour in the workplace.
If you are being bullied at work, there are several things you can do to maximise your chances of succeeding.
If you have gone through all of the available avenues to stop a colleague bullying and harassing you at work, it may be time to discuss your options with an experienced employment lawyer.
Simpson Millar's nationwide team can offer you a range of fixed-fee and bespoke services so that you don't have to suffer in silence any more. We can give you straightforward, honest advice on your next best step, and represent you at a tribunal. There are other law firms that can give you legal advice too. You can also call our helpline for advice and support on 0808 800 2222.
Please feel free to download our poster on workplace bullying