The terms bullying and harassment and victimisation are often used interchangeably, but have very different meanings in law.
Bullying in itself is not defined by UK law and does not give rise to any claim in its own right. It is generally seen as offensive, intimidating, malicious or insulting behaviour by a senior employee towards a junior employee. Bullying is unwelcome and unwarranted. A claim for bullying would generally arise in connection with a claim for harassment or discrimination.
Harassment is defined as unwelcome conduct on grounds such as age, race, gender, nationality or religion, which humiliates or demeans the victim. Bullying and harassment can also take place via emails and other forms of communication, particularly in social media such as Facebook and Twitter.
Victimisation occurs where a worker is subjected to a detriment for having made a complaint of unlawful discrimination or has supported someone else who has made such a complaint. It also covers workers who make claims for whistleblowing, raise health and safety issues or who take time off work to accompany a fellow worker in a disciplinary or grievance procedure and are subject to a detriment, amongst other categories.
Claims for bullying, harassment or victimisation will often be linked to discrimination - such as sex or race. In addition to claims under specific employment legislation, an employee who is suffering from bullying or harassment maybe able to bring a claim for breach of contract, because of breach of an implied term in their contract of employment.
A worker who has been the victim of at least two incidents of bullying behaviour at work could also bring a claim under the Protection from Harassment Act 1997 against the employer for failing to prevent it. The Claimant has to show that the behaviour caused them serious anxiety or distress and would bring the claim in the High Court or County Court.
We regularly advise on these difficult issues and will always treat you with sensitivity. If you need advice please call us on 01474 834664.
