CURRENT LEGAL ARTICLES

Bullying is a form of inappropriate behavior that occurs repeatedly and undermines an individual’s right to dignity in the workplace. It usually takes place over time and can be carried out by one or more individuals aimed at individuals or groups. Isolated incidents are generally not considered bullying, and a certain degree of stress may be reasonable depending on the facts and circumstances. Repeated inappropriate behaviour, whether it is verbal, physical, or otherwise, conducted by one or more persons against another at the place of work, can be regarded as seriously undermining the individual’s right to dignity at work. Examples of bullying include harassment, intimidation, exclusion, spreading rumours, excessive criticism, and oppressive psychological manipulation. 

Workplace bullying in Ireland is taken seriously and addressed by the HSA health and safety authority under the Safety, Health, and Welfare at Work Act 2005. This legislation places a legal duty on employers to ensure their employees’ safety, health, and welfare. While specific legislation addresses workplace bullying, it can fall under the general responsibility of employers to provide a safe and healthy work environment.  

Bullying can happen at all organisational levels and be conducted by customers, clients and business contacts. 

Examples of bullying:

• Jovial exclusion and isolation
• Verbal abuse and repetitive insults
• Being treated less favourably than colleagues in similar roles
• Belittling a person’s opinion
• Spreading malicious rumours, gossip or innuendo
• Intrusion – pestering, spying or stalking
• Intimidation and aggressive interactions
• Excessive monitoring of work
• Withholding information needed for the person to do their job properly
• Repeatedly manipulating a person’s job contents and targets
• Blaming a person for things beyond their control
• Use of aggressive or obscene language
• Other menacing behaviour

Under section 8 of the Act, your employer must prevent any improper conduct or behaviour likely to risk employees’ safety, health and welfare. This includes bullying. 

Dealing with such situations can be challenging, but there are steps you can take to address the issue. Here are some suggestions:  

1. Document incidents: Keep a record of the bullying incidents, including dates, times, locations, and descriptions of what happened. These records can be helpful if you report the bullying or seek help.  

2. Talk to someone: 

You can find a trusted colleague, supervisor, or human resources representative to discuss the situation. Could you describe the incidents and how they’re affecting you? They may be able to provide guidance, support or initiate an investigation. 

3. Understand company policies: Familiarize yourself with your company’s policies and procedures regarding workplace bullying. Please determine if any specific reporting mechanisms are in place and follow the appropriate channels for reporting the issue.  

4. Seek support: Reach out to friends, family, or support networks outside of work to discuss your experiences and seek emotional help. Sometimes, talking to others who have been through similar situations can provide valuable advice and perspective.  

5. Maintain professionalism: While complex, try to remain professional and composed when dealing with the bully. Avoid responding with aggression or hostility, as this could escalate the situation further.  

6. Practice self-care: Take care of your physical and mental well-being. Engage in activities that help you relax and relieve stress. Consider seeking counselling or therapy to help you cope with the emotional impact of the bullying.  

7. Report the bullying: If the bullying persists or escalates, and you feel comfortable doing so, report the incidents to your supervisor, HR department, or higher management. Please provide them with your documented evidence and be transparent about its impact on your work and well-being.  

8. Explore legal options: If workplace bullying continues despite reporting or your employer fails to take appropriate action, consult an employment lawyer to explore your legal rights and options.  Every situation is unique, and the most appropriate action may vary. It’s essential to prioritise your well-being and address the bullying safely and comfortably.

Remember, it’s essential to consult a legal professional for accurate and up-to-date advice, as employment laws and procedures may change over time. You should not be penalised at work for making a complaint to the Workplace Relations Commission. If you are let go for this reason, that might make your case even more robust. 

DISCLAIMER 

THIS DOES NOT CONSTITUTE LEGAL ADVICE. PLEASE CALL THE OFFICE TO SCHEDULE A CONSULTATION 0214708570 for further information. 

0214708570 INFO@GREENSOLCITORS.IE WWW.GREENSOLICITORS.IE 

https://www.hsa.ie/eng/Workplace_Health/Bullying_at_Work/

https://antibullyingcentre.ie/

https://www.hsa.ie/eng/workplace_health/workplace_stress/workplace_stress_overview/

 Work-Lifee Balance and Miscellaneous Provisions Act 2023