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Bullying and harassment grievance

Bullying and harassment is a serious health and safety issue. ACAS defines it as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.”

There is not a single piece of legislation that deals directly with bullying and harassment at work, but there are many laws that can provide you with a remedy for bullying and harassment. Unfortunately, most of the legal framework does not prevent bullying, but rather provides you with compensation after you have been bullied.

Under section 26 of the Equality Act 2010, harassment is defined as unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile, degrading, humiliating or offensive environment. To be protected under the Equality Act 2010, the harassment must be related to a protected characteristic. Harassment includes bullying if it relates to one of the protected characteristics listed above. Even if the harassment does not relate to a protected characteristic, you are protected by the Protection from Harassment Act 1997.

• (General)

See: Grievance Builder (General)

Content

This guide provides you with critical information on your legal rights, with templates and tactics to help you raise a grievance about bullying and harassment, as well as the stress that it causes.

1. What is bullying?
2. What is harassment?
3. Your employer’s bullying and harassment policy
4. ACAS Code and Guidance
5. Your rights under your employment contract
6. Breach of Mutual trust and confidence
7. Constructive dismissal
8. Breach of contract
9. The Common law duty of care
10. Your rights under the Employment Rights Act 1996
11. Your rights under the Health and Safety at Work etc. Act 1974
12. Your rights under the Protection from Harassment Act 1997
13. Your rights under the Equality Act 2010
14. Making a claim for Personal Injury
15. Writing the Grievance