Bully at Work: Can a Workplace Bully be Sacked?

A bully at work can significantly impact the well-being of an employee. In addition to fear and anxiety, such conduct can cause those affected to feel isolated, worthless, and desperate to leave. Nobody should have to deal with this mistreatment, and below we look at whether those perpetrating can be sacked.

Below we uncover what bullying in the workplace is, whether it’s a dismissible offence, and what those impacted can do. We then discuss how Redmans Solicitors can help you if you’ve faced similar misconduct.

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What is Workplace Bullying?

Workplace Bullying Definition

Bullying in the workplace refers to repeated, unreasonable behaviour that’s aimed at one or multiple individuals. Unlike a one-off incident, bullying involves consistent misconduct that targets someone personally or professionally, creating a hostile environment for them.

The Andrea Adams Trust, a UK-based charity dedicated to addressing bullying at work, defines it as:

  • Persistent, offensive, or malicious behaviour aimed at an employee or group of employees.
  • Actions that deliberately humiliate, isolate, or intimidate an individual.
  • Abuse of power that causes distress, anxiety, or even ill health.

While bullying in the workplace isn’t unlawful in itself, it often amounts to harassment, which is under the Equality Act 2010. This legislation protects individuals from less favourable treatment because of their protected characteristics, which include race, sex, and age.

That being said, workplace bullying doesn’t necessarily have to relate to these characteristics to be considered unlawful. If the mistreatment breaches the implied terms of an employment contract, claims such as constructive dismissal could arise.

With the potential to cause serious damage to employees’ well-being and the working environment as a whole, it’s critical that bullying in the workplace is quickly identified. This can be difficult, especially since bullying can take many forms and those affected are often hesitant to speak up, but knowing what to look for can help.

Bully at Work: Workplace Bullying Traits

Understanding the signs of bullying at work can help lessen its impacts by eliminating it swiftly. Some common indicators that may suggest there’s a bully at work include:

  • Emotional and Psychological Distress – Victims of bullying often manifest stress, anxiety, and depression in their behaviour. This could lead to visible mood swings, social withdrawal, or a tendency to complain about unfair treatment.
  • Physical Symptoms – Those feeling the effects of bullies could suffer from physical symptoms, such as headaches, sleep difficulties, or frequent sicknesses, to name but a few.
  • Decreased Performance – Being mentally, physically, or verbally bullied can take its toll on even the most high-performing employees. If a once productive colleague begins to struggle or make obvious mistakes, they may be a victim of bullying.

Unfortunately, not all workplace bullying traits are easy to spot. Sometimes, a bully at work may operate more discreetly, using subtle tactics to avoid detection. This can include excessive micromanagement or unwarranted negative feedback. Employees who experience such mistreatment should speak up to ensure it doesn’t go unnoticed.

Recognising the Signs: Real-Life Examples of Bullying at Work

With a clearer picture of the workplace bullying traits to look out for, it’s essential to understand how these behaviours might manifest in real life. Such mistreatment can take many forms, but some of the most common examples include:

  • Verbal Abuse – Comprising shouting and derogatory remarks towards a colleague, which can significantly undermine their self-esteem.
  • Exclusion and Isolation – Where someone is deliberately excluded from meetings, emails, and social events, alienating them and making them feel worthless.
  • Undermining One’s Performance – Which may involve assigning impossible tasks, withholding essential information, and generally making one’s job more difficult to complete.
  • Intimidation – Where aggressive body language and threats are used to conjure up fear and anxiety.
  • Inconsistent Workload Distribution – Where an individual is either assigned excessive or very few tasks, which is often seen as punitive.

A bully at work isn’t always the easiest to identify, especially when their conduct is disguised as “tough management.” However, when such behaviour becomes persistent, it crosses into bullying territory, and whether an individual is physically, mentally, or verbally bullied, the impact can be devastating all the same. This, therefore, cannot be tolerated, and knowing how to deal with bullying is vital.

Can a Workplace Bully be Sacked?

How to Prove You’ve Been Bullied

If an employee has been physically, mentally, or verbally bullied, it’s important to know that, provided their employer remains legally compliant, the bully at work can be sacked. Victims who’ve experienced the effects of bullies must gather evidence and follow their employer’s grievance procedure to protect their rights, though.

In order to do this, they must first begin by documenting any evidence of the incidents. Since bullying isn’t always easy to identify, making notes of each instance can help build a clear picture from which employers can act.

Retaining emails and messages that prove bullying has occurred will also help strengthen one’s case. The same goes for if there were any witnesses to the behaviour who would be happy to provide a statement.

Once evidence has been gathered, those affected must raise the issue formally through their employer’s grievance procedure. Under the Health and Safety at Work Act 1974, employers have a duty to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees — including their mental well-being. As such, serious complaints of bullying should be investigated to uphold this duty.

After bullying has been reported, employers must then investigate thoroughly and take appropriate action, which may include dismissal. Should an employer fail to act suitably, a constructive dismissal claim may arise.

It’s important to note that if a bully at work has impacted an employee’s health, they should seek medical assistance. The effects of bullies can be far-reaching, and professional support can help those affected recover fully.

When to Raise a Formal Grievance Over a Bully at Work

Before raising a formal grievance, a victim of bullying in the workplace might want to pursue an informal resolution. This may be attempted by trying to reason with the perpetrator directly or chatting with HR.

However, if these efforts fail and there’s clear evidence of persistent bullying, it would then be time to consider a formal complaint. In doing so, the employee would raise the seriousness of their concern and obligate their employer to thoroughly investigate their case and act sufficiently.

Employment Tribunal Claims

Unfortunately, even with the legal obligations placed on employers following a formal grievance, they don’t always act appropriately. For example, following a thorough investigation, a bully at work may escape dismissal despite all evidence pointing to their guilt and it being a reasonable outcome.

In such circumstances, those affected may consider pursuing employment tribunal claims. Common cases taken to the tribunal include failures to act on bullying complaints, unfair dismissal, and discrimination. To proceed, employees would need to satisfy specific eligibility criteria and adhere to the strict time limits of the tribunal.

Recent Cases Involving a Bully at Work

Employees unsure about whether they can take their case to an employment tribunal only need to look at past cases to understand what the courts look for.

In Vaughan v Talbot Underwriting Services Ltd, an accounts assistant was bullied by a senior manager who berated him in front of his colleagues. This public humiliation left Mr Vaughan feeling shocked and belittled, eventually leading to his resignation. While the perpetrator was subsequently offered well-being support, Mr Vaughan received no such help. As a result, he made a constructive dismissal claim, with the tribunal ruling in his favour.

Elsewhere, in Hamilton v Epsom and St Helier University Hospitals NHS Trust, the tribunal heard how Mrs Hamilton faced a hostile working environment after being deliberately excluded from a tea round and ignored by her colleagues. The tribunal upheld her constructive dismissal claim after it discovered her employer failed to take adequate action to address her complaints.

Finally, in Mobbs v Weetabix, Mr Mobbs resigned and won his constructive dismissal claim following years of mistreatment from a bully at work. Despite his manager continuing to bully him after promising to stop, Weetabix failed to act appropriately.

As these cases demonstrate, different forms of mistreatment can lead to successful claims. Whether an employer has ignored complaints, taken insufficient action, or failed to uphold its duty to protect the well-being of its employees, victims of bullying have legal avenues to seek redress through the courts.

Got any Questions?

If you have any questions or are unsure about how to deal with bullying, please contact Redmans Solicitors today. As employment law specialists, we can assess your case, discuss your options, and guide you through any appropriate legal pathway.

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