We are here to provide expert legal guidance on bullying and harassment in the workplace. Employment Law Solicitor has extensive experience advising both employers and employees on all aspects of workplace bullying and stress. Our proven track record includes successfully resolving cases through both formal and informal means.
Speak to one of our Dublin-based specialist employment solicitors to find out how we can assist you with workplace bullying and stress-related concerns.
What is the law in Ireland on workplace bullying and stress?
Irish law includes several provisions relevant to workplace bullying, and the Health, Safety, and Welfare at Work Act applies to both psychological and physical health. The courts acknowledge that employers have a direct duty of care under both common law and the HSW Act to take reasonable steps to prevent employees from suffering mental harm due to harassment or bullying in the workplace, especially if they were aware or should have been aware of such behavior.
Does an employer have a duty to prevent bullying?
Section 8 of the HSW Act outlines the broad responsibilities employers have towards their employees. A key provision related to workplace bullying is found in Section 8(2)(b), which extends an employer’s obligations to:
“Managing and conducting work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behavior likely to put the safety, health, or welfare at work of employees at risk.”
What steps can be taken to prevent bullying and harassment?
The HSW Act recognizes the importance of managing interpersonal relationships and the impact of behavior on employees’ mental well-being. Employers must implement measures to prevent and address inappropriate treatment of employees by colleagues or other individuals they interact with during their employment.
What are the Codes of Practice on Bullying?
The Code of Practice under the Industrial Relations Act 1990 outlines procedures for addressing workplace bullying, including both informal and formal approaches. Courts consider this Code when handling personal injury claims and use its definition of bullying when evaluating cases.
Can I sue my employer for stress and anxiety?
The courts assess whether an employee has suffered a ‘recognisable psychiatric illness,’ using principles from the established legal framework on nervous shock. The term ‘recognisable’ acknowledges that medical opinions on psychological harm evolve over time. Claims based on ‘ordinary stress’ from workplace difficulties generally do not meet the threshold for general damages.
What must I prove to bring a bullying and harassment claim?
An employee must demonstrate that the treatment they experienced constitutes a legal wrongdoing. This may involve proving a statutory breach of duty as outlined in the law. To establish a breach of the employer’s common law duty of care, the employee must show that the behavior falls within the Code of Practice’s definition of bullying—repeated inappropriate conduct, whether verbal, physical, or otherwise, carried out by one or more individuals against another.
Bringing a claim for bullying and harassment
Employees are encouraged to first raise workplace concerns, complaints, or grievances with their employer. If a satisfactory resolution is not achieved, they may escalate the matter to the Workplace Relations Commission for adjudication. Additionally, civil legal actions may be explored if bullying or harassment has resulted in personal injury.
Engaging a solicitor for a bullying and harassment complaint
Seeking assistance from an employment solicitor ensures that both employers and employees fully understand their rights and options. Employment Law Solicitor has a strong track record of securing positive outcomes for clients through both informal resolution methods and formal legal proceedings.