It is a common misconception that you are unable to claim compensation from your employer if you have been bullied at work.

Broadly speaking, civil claims fall into 2 categories:

1. Common law bullying; and
2. Harassment

Common Law Bullying

Would be claimants need to show they have suffered an injury or a recognised psychiatric illness (e.g. depression) which was foreseeable and caused by their employer’s breach of the duty of care owed to them.

Did you know:

• Common law bullying claims can only be brought successfully if the employer was aware the employee was becoming unwell as a result of the behaviour complained of. It is therefore vitally important that employees raise their concerns at the earliest opportunity.
• Claimants have 3 years from the date they became unwell to commence a claim;
• Compensation can include awards for their injury as well as past and future financial loses, such as lost earnings, which flow from that injury.

Harassment

Claims under the Protection from Harassment Act are reserved for the most serious of bullying cases as the culpable behaviour needs to be worthy of criminal liability, after all, the original purpose of the Act was to address stalking!

Claimants also need to show they have suffered truly abhorrent behaviour on more than one occasion.

Did you know:

• Claimants do not need to show the harassment related to a protected characteristic (as required for some claims in the employment tribunal).
• Claimants have 6 years from the instances of harassment to commence a claim.
• There is no requirement to show the injury was foreseeable or that any recognised psychiatric injury has been caused at all.