Can You Claim Compensation for Bullying at Work?

In the past, workplace bullying was much more common than it is now – however, it still happens. Nowadays, staff are now protected from bullies and, as such, employers need to try and stop bullying when they become aware that it is happening. If you have been picked on, singled out or bullied while working, you might have grounds to claim compensation for your suffering. Therefore, this guide explores how bullying at work claims work and the types of incidents that could enable you to take action.

If you are a victim of workplace bullying, we can help you to understand your options. In a free initial consultation, one of our specialists will assess what’s happened and offer no-obligation legal advice. If it appears that you should be compensated for bullying at work, one of our solicitors might offer to represent you on a No Win, No Fee basis.

To learn more about how we can help you, you can:

• Phone 0333 241 2519 to speak with a legal advisor.
• Use our live chat service 24 hours a day.

You’ll find plenty of information on bullying compensation claims throughout this guide but please feel free to reach out to us if you have any further questions.

What Constitutes Workplace Bullying?

The government defines bullying and harassment as any action that causes an employee to become offended or intimidated.

While harassment at work is illegal, bullying itself is not. However, as bullying can cause psychological injury at work such as distress, anxiety, embarrassment and depression, you could still be entitled to claim compensation for workplace bullying in certain circumstances.

That’s because according to the Health and Safety at Work etc. Act 1974, employers have a legal duty to “ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees”. This duty covers both physical and mental health and safety.

For clarity, harassment is where any unwanted actions relate to the injured party’s age, sexual orientation, disability, sex, race, religion, beliefs, gender reassignment, pregnancy (and maternity) and marriage or civil partnership.

Types of Workplace Bullying We Can Help With

Here are a few examples of workplace bullying that can occur:

• Where an employee is put down constantly in meetings.
• If a salesperson’s performance is criticised publicly (in front of other staff).
• Where a member of staff is always excluded from social activities.
• If rumours about a member of staff are spread maliciously.
• Where offensive or threatening comments or images are uploaded to social media.
• Where an employee is deliberately given the worst tasks all the time or given unduly difficult tasks.

Some forms of bullying can involve abuses of power by managers or supervisors designed to humiliate or undermine staff. Conversely, senior staff can be bullied by employees who continually demonstrate disrespect, refuse to complete tasks or undermine authority.

Can You Claim Compensation for Bullying at Work?

Some of the ways in which companies can try to prevent and stop bullying at work include:

• Have clear anti-bullying policies and procedures in place and make all staff aware of them.
• Foster an environment where staff feel safe about raising concerns.
• Ensure that any complaints are dealt with sensitively and in accordance with the company’s policies.
• Provide clear answers that explain how a bullying complaint has been dealt with.

If you raise concerns with your employer about instances of bullying at work and they fail to deal with them properly, they could be deemed negligent. When that happens, it may be possible to claim for any subsequent suffering if you can prove that:

• Your employer owed you a duty of care.
• Your employer’s negligence allowed you to be bullied at work.
• You have suffered physical or emotional injuries in the last three years as a result of the bullying.

If you would like us to check if you have a feasible bullying at work claim, why not call the number above to speak to a legal advisor?

What to Do If You’re Being Bullied at Work

If you do face bullying in the workplace, you should:

• Keep records of when you were bullied and what happened.
• Contact your supervisor or manager in writing to explain what has happened.
• Visit your GP if the bullying is causing any physical or psychological symptoms.
• If it is safe to do so, tell the bully how they’ve made you feel.

Taking these steps will raise awareness of your situation and give your employer the opportunity to try and resolve the issue swiftly.

What Types of Injuries Can Be Linked to Workplace Bullying?

If you claim compensation for bullying at work, you’ll need to demonstrate how you’ve suffered.

Some examples of psychological suffering linked to bullying include:

• Emotional distress.
• Anxiety.
• Depression.
• Low self-esteem.
• Becoming withdrawn.
• Concentration problems.

Bullying can also result in physical symptoms such as:

• Headaches.
• Upset stomach.
• Reduced appetites.
• Fatigue.

If you’ve suffered in any way due to workplace bullying, please call our legal advisors to discuss what action you could take.

What Evidence Can Be Used for Bullying at Work Claims?

If you are to win compensation for workplace bullying, you will need to collect evidence to prove what happened, employer negligence and how you’ve suffered. The types of evidence that could make a bullying at work claim easier include:

• Copies of correspondence between you and your employer about incidents or bullying.
• Details of anyone who saw you being bullied in case witness statements are required.
• A personal statement explaining when and how you were bullied at work.
• Copies of medical records that prove any suffering you wish to claim for.

In some cases, your solicitor may arrange for you to discuss your suffering with an independent specialist. They will ask questions about what happened and how you’ve suffered before preparing a report that confirms how you have been affected and whether you’ll continue to suffer in the future.

How Long Do I Have to Claim Compensation for Bullying in the Workplace?

If you’re to claim compensation for a personal injury at work caused by bullying you will generally have three years to do so from the date of the incident or from the date when you first became aware of the injury.

If the person injured by the bullying is under 18, the three-year period starts from their 18th birthday. For anyone who is incapacitated, special rules may extend the time limit.

Given the complexity of personal injury claims, particularly those involving psychological injuries like PTSD, it’s best to check with our legal advisors to be sure.

How Much Compensation for Bullying at Work?

The level of compensation awarded for suffering caused by bullying at work will vary from case to case. If your case is successful, your level of suffering will be used to put a value on the general damages element of your settlement. General damages cover pain, suffering and loss of amenity.

Once your suffering is properly understood, your solicitor may refer to the psychiatric injury section of the Judicial College Guidelines (JCG) to help value your claim. Our compensation table shows some values from the JCG but please remember that the amounts displayed are not guaranteed settlement amounts.

£54,830 – £115,730 where a severe psychiatric injury has prevented the individual from returning to work, forming relationships, and managing their daily activities, and a bleak prognosis.
£19,070 – £54,830 for a moderately severe psychiatric injury that results in an inability to return to work, the prognosis is more optimistic yet will have a lasting or permanent impact on the victim’s life.
£5,860 – £19,070 for a moderate injury that is less severe than those above and taking into account how the individual’s daily activities and sleep have been affected.

Your settlement could also include special damages to cover any costs associated with your suffering such as:

• The cost of care or support at home.
• Medical treatment costs.
• Loss of earnings and future losses for more serious symptoms.
• Travel costs.

If you’d like to find out how much compensation for bullying at work you could be entitled to, please get in touch now.

Can You Claim Compensation for Bullying if You’re Not a Full-Time Employee?

All employees are owed the same duty of care by employers regardless of the type of employment contract they are hired on. Therefore, temps, subcontractors, zero-hours staff and agency workers could all be entitled to claim compensation for workplace bullying.

If you’d like us to review your options for free, please feel free to call our legal advisors now.

Do You Need a Work Injury Solicitor for Bullying Claims?

When you make a personal injury at work claim against your employer, they’ll probably let their insurance provider deal with it on their behalf. In some cases, insurers could contest your claim or try to settle for far less compensation than you might be entitled to.

Therefore, you may wish to discuss your case with a solicitor who specialises in work injury claims. It is possible that your chances of winning your claim and being properly compensated could increase if you instruct a solicitor from our panel.

Crucially, all claims that are taken on are managed on a No Win, No Fee basis. That means that after a Conditional Fee Agreement (CFA) has been signed, your solicitor will manage your case without being paid for their work upfront.

You will only pay for your solicitor’s work if you receive a compensation payout. If that happens, an agreed percentage of your settlement will act as your solicitor’s success fee. So that you retain the majority of any compensation paid, the maximum success fee allowed according to the Conditional Fee Agreements Order 2013 is 25 per cent.

To see if you could make a No Win, No Fee bullying at work claim, please call now.

Contacting Us About a Bullying at Work Compensation Claim

If you’ve suffered because of workplace bullying and would like to see if you could claim compensation, please:

• Call our legal advisors on 0333 241 2519 now; or
• Connect to our online chat service (available 24 hours a day).

You are not obliged to sue your employer for someone bullying you at work after your consultation. However, if you do decide you want to take legal action and a work injury solicitor on our panel offers legal representation, you’ll receive a No Win, No Fee service throughout the bullying at work claims process.