Workplace Bullying and Constructive Dismissal: What Employers and Employees Need to Know

Is there a legal claim for workplace bullying?

There is no standalone legal claim for workplace bullying in the UK. Bullying in itself is not unlawful unless it provides evidence to support another statutory claim, such as harassment under the Equality Act 2010, or detriment under the Employment Rights Act 1996. However, in some circumstances, persistent bullying can breach the implied term of mutual trust and confidence in an employment contract, which may then give rise to a constructive dismissal claim.

What does workplace bullying look like?

Bullying at work is not always obvious. Whilst it can involve overt shouting or humiliation, subtle behaviours, such as exclusion and undermining, can also be involved. These behaviours can erode trust and morale, and for employers, failing to consider and address them can create significant risk.

What is constructive dismissal?

Constructive dismissal occurs when an employee resigns because their employer’s conduct has fundamentally breached the employment contract. Bullying, if severe and persistent, may amount to such a breach. Common triggers can include:

• Ignoring complaints of bullying or harassment.
• Failing to address a grievance.
• Making unreasonable changes to duties or working conditions.

Employees must resign promptly in response to the breach to pursue a claim. For employers, these claims can be costly - not just financially, but reputationally.

• Board, Director and Governance Responsibilities – changes in the UK Corporate Governance Code, Better Business Campaign, as well as changes to competency requirements for many sectors, all signpost us to greater and increased accountability for senior professionals and controlling minds.

Negotiated exits – a practical alternative?

Sometimes, a sensible solution for both parties is a negotiated exit via a settlement agreement. This approach can provide employees with financial security and closure while allowing employers to manage risk and avoid tribunal proceedings. Settlement agreements typically include compensation, confidentiality clauses, and agreed references.

Top tips for employers and employees

If you are an employer, January is an ideal time to review your workplace practices to ensure issues can be addressed before they escalate. Here are some steps you can take:

• Act quickly – investigate complaints and grievances promptly and fairly.
• Train managers – make sure they understand what constitutes bullying and how to handle concerns.
• Review policies – a clear anti-bullying and harassment policy is important.
• Seek advice early – if a dispute or a relationship breakdown looks set to escalate, seeking legal advice early can help to protect your position.

If you are an employee concerned about bullying or considering your options, taking these steps can help you move forward:

• Keep records – note down any key incidents and communications.
• Use internal processes – consider whether it is appropriate to raise your concerns formally
• Don’t delay – if you are considering a constructive dismissal claim, then remember there are strict time limits involved.
• Seek advice early – legal guidance can help to clarify your rights and options.

If you are dealing with workplace bullying, considering a constructive dismissal claim, or reflecting on a grievance or a possible negotiated exit, then we can help. We advise both employers and employees, working towards fair and practical solutions that protect our clients’ interests. For further advice and guidance, please contact Alice Kinder.alicekinder@bexleybeaumont.com  |  07526372580