There is no legal definition of bullying, but bullying is generally accepted as consisting of offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened.
Bullying can take the form of physical, verbal and non-verbal conduct.
Bullying may include, by way of example:
- Physical or psychological threats.
- The spreading of rumours.
- Physical assault including ‘horse play’.
- Overbearing and intimidating levels of supervision including micromanagement.
- Exclusion.
- Heavier workload than others.
- Menial tasks being given at odds to the job role.
- Lack of respect.
- Undermining someone.
- Inappropriate derogatory remarks about someone’s performance.
Legitimate, reasonable and constructive criticism of a worker’s performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.
There is no claim for bullying as such in the Employment Tribunal. Employees who have been bullied will need to bring claims for discrimination, harassment and/or victimisation where the bullying relates to a Protected Characteristic, for whistleblowing detriment if the bullying relates to having made a protected disclosure or if neither of those apply, they may need to consider a claim for constructive dismissal.
All employers should have a grievance procedure which can be used by employees who are being bullied.
If you feel you are being bullied or harassed, we can advise you on how best to pursue a grievance or complaint and what your options are. Please use our CONTACT FORM to see how we can help you.
