Bullying and Harassment at Work Claims
Unless these claims are formulated in discrimination law and dealt with through an Employment Tribunal, these are notoriously difficult claims to win and the failure rate is very high by reason of a number of evidential hurdles which claimants have to establish.
- Sexual, racial, religious, age related, sexual orientation or disability related harassment are likely to amount to unlawful discrimination in the workplace and such conduct is made unlawful under the Equality Act 2010. Victims can pursue complaints of unfair dismissal or unfair constructive dismissal under the Employment Act 1996 in appropriate circumstances especially where complaints of harassment have been ignored.
- The Protection From Harassment Act 1997 may apply though it was originally introduced to offer a measure of protection against stalkers
- Employers have a duty to ensure the health and safety of employees at work and owe their employees a duty of trust and confidence. An Employee who is bullied or who suffers a psychological stress and who suffers ill-health as a result may pursue a claim for compensation in the civil courts. However there are public policy restraints on which types of claim can succeed known as the Hatton Guidelines.
It is unlikely we could offer to run a bullying and stress at work claim under a no win no fee agreement at the outset and you may have to pay to fund the initial investigation work, for more information contact a member of our compensation claims team.