Bullying in the workplace is a serious problem. While it may have been swept under the carpet in years gone by, employees now have recourse to legal action if they have been bullied or harassed in the workplace. Often described as “workplace banter” it can have a serious physical and mental impact on the victim.
If you have suffered bullying in the workplace to any extent, then you may have a claim for compensation against your employer.
The working environment today is very different from that of 20 years, 30 years and 40 years ago. The courts now recognise mental injuries on the same level as physical injuries. As a consequence, this has resulted in many workplace bullying compensation claims leading to significant damages from employers.
We will now take a look at the wide definitions of bullying in the workplace and the consequences for your employer.
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There are many different definitions of bullying in the workplace from simple arguments and contempt from colleagues to issues such as:-
One of the main problems with bullying in the workplace is that those who are undertaking the bullying often don’t even realise they are doing it!
It will obviously depend upon the type of bullying and the duration, but for many people, it can be life-changing. As a consequence, the individual may:-
It is not difficult to see from this list that the potential impact of bullying in the workplace can be extremely serious. As a consequence, if you are being bullied in the workplace, it is important that you inform your employer as soon as possible.
There are a number of actions that your employer can take to avoid bullying in the workplace which include:-
It is in the best interests of all parties to address allegations of bullying in the workplace as soon as possible. This helps to minimise stress for the victim, recognise any issues in the workplace and take action.
Unfortunately, there are many areas of business that have historically encouraged competition amongst employees which has often gone too far. There are numerous acts of parliament that place upon employers a legal duty of care for both the physical and the mental well-being of their employees.
Those companies which have actively encouraged competition to the extent where the environment is “toxic” are potentially leaving themselves open to significant compensation claims.
Even if your employer has not encouraged such a toxic environment, they are still responsible for addressing and eliminating bullying in the workplace.
While there is no doubt that victims will always have recourse to legal action in the event of bullying in the workplace, the vast majority of cases won’t make it that far. There are various ways in which bullying can be addressed which include:-
As we touched on above, there are numerous cases of bullying in the workplace when the perpetrator is not fully aware of the serious nature of their actions and the consequences. Sometimes an informal word is all it takes.
Where an informal warning has not been heeded, the next stage is a formal complaint and grievance against the perpetrator.
Many employers and employees find it useful to seek external mediation where there is a dispute over bullying allegations and how they have been handled. While not for everybody, sitting across the table can often see a healthy exchange of opinions and allow the perpetrator to see the impact it is having.
There have been many cases where victims have been forced to resign from their employment and take their employer to an employment tribunal. Claims of constructive dismissal are commonplace and can lead to significant compensation payments.
While some victims of bullying might initially favour a more informal approach to resolving the issue, they will always have the option of seeking compensation through the courts. No tribunal, no mediation and no formal grievance procedures can ever remove this right.
There will be occasions where employers will simply put their hands up and admit negligence while others will fight tooth and nail against allegations of workplace bullying.
As a consequence, many people find it preferential to use the services of a claims management company, many of whom will have significant experience in this area.
Once you have decided to appoint a claims management company, you should collate as much evidence as possible and present this for consideration. If the claims management company believes you have a minimum 60% chance of success, they will likely agree to take on your case.
The majority of personal injury claims/industrial disease claims are undertaken on a “no win no fee” arrangement which removes the liability of the claimant to the costs of pursuing their claim.
Part of a “no win no fee” arrangement is the introduction of what is known as a success fee. This is an arrangement with your claims management company where, upon a successful prosecution, they would receive a percentage of any compensation awarded. The industry average is around 25%, but it will depend upon the type of case and duration.
There is no place for bullying in the modern-day workplace, and failure to act can prove expensive for employers. It is also worth noting that a prosecution for bullying in the workplace can have a serious impact on a company’s reputation.
If you have experienced bullying in the workplace, it is important that you seek advice and guidance as soon as possible. The potential mental and physical ramifications can be extremely serious.
Here at Money Savings Advice, we have partnered with some of the UK’s leading Industrial illness Claims management companies. They have already helped thousands of people claim compensation for injuries & illnesses they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.
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