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Using the law

There are no statutory provisions that provide employees with specific protection from bullying at work.

There are, however, a number of legal entitlements that can be of assistance to the bullied employee: 

  • constructive dismissal
  • criminal harassment
  • misuse of procedures - unfair dismissal
  • health and safety law
  • anti-discrimination legislation
  • personal injury.    

For full details please access ATL's comprehensive publication, Bullying at work, which also features a model policy. 

Following is an outline of these entitlements. It is essential that you seek advice from ATL on your position and at the earliest possible stage.

Constructive dismissal

Employees who are being bullied often refer to constructive dismissal without fully understanding what it means. 

When employers break their fundamental obligations under the contract of employment, an employee can resign, either immediately or after giving due notice, stating clearly that the employer's conduct has been so unreasonable that s/he has no option but to leave. 

In such a case the employer has not written to the employee giving notice, so the employee is not formally dismissed. However, the employee can argue that the actions of the employer were such that it became impossible to remain in the post ­ s/he has been effectively (ie `constructively') dismissed. If the employee delays the resignation, s/he is seen to have accepted the employer's conduct and to have waived the breach of contract. A claim to the employment tribunal must be lodged within three months of the date that the resignation takes effect. 

Criminal harassment

The Protection from Harassment Act 1997 states that a person must not pursue a course of conduct which amounts to harassment of another and which s/he knows or ought to know amounts to harassment of the other. A breach of the Act is a criminal offence, which can result in imprisonment or a fine. A breach can also lead to a claim in the civil courts when damages may be awarded for (amongst other things) any anxiety caused by the harassment and any financial loss arising from the harassment. It is very unusual for prosecutions to be brought as a result of a breach of these provisions in the employment context. The same Act provides that the victim of harassment can apply for an injunction against the harasser.

Misuse of procedures ­- unfair dismissal

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ATL has dealt with many cases where a procedure has been invoked against the person who is making allegations of bullying.
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ATL has dealt with many cases where a procedure has been invoked against the person who is making allegations of bullying. For example, a headteacher who is bullying a teacher may also invoke the disciplinary or competence procedure, securing the teacher's dismissal after due hearings. Fortunately, people dismissed in these circumstances have a potential means of redress via the employment tribunal (provided they have one year of continuous employment). A tribunal may conclude that the dismissal was unfair, but the outcome of any employment tribunal is difficult to predict.

Health and safety law

Under health and safety law, employers have a general duty to provide a safe and healthy working environment, which should include protection from bullying at work. The Health and Safety at Work Act 1974 obliges employers to ensure, as far as is reasonably practicable, the health, safety and welfare of their employees. 

Anti-discrimination legislation

You will not be able to take a case to the employment tribunal just claiming that you have been 'bullied'. The law does not recognise bullying as a stand-alone claim. However, in some circumstances, bullying may contravene the legislation protecting employees from discrimination on grounds of sex, race, disability, sexual orientation, religion or belief and, from October 2006, age. These provisions give employees free standing rights and protection against some harassment by employers and fellow employees. Case law has established that harassment based on sexual or racial grounds amounts to unlawful discrimination and contravenes the relevant provisions of the Race Relations Act 1976 and the Sex Discrimination Act 1975.

The Disability Discrimination Act 1995 makes it unlawful for employers to discriminate against employees on the grounds of disability. 

Personal injury

In circumstances where bullying has led to your suffering from mental or physical harm you may be able to pursue a claim for personal injury. ATL members can obtain further advice by contacting Morrish & Co, the firm of solicitors who handle this form of legal action. You can find out more by visiting the Moorish & Co website or by emailing info@morrishlaw.co.uk. 

With any such claim, ATL members should contact ATL first before using the law to tackle bullying.

Help and support 
For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000) or Belfast office (02890 327 990) or email info@atl.org.uk.

For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time). Don’t forget that ATL also offers a Crisis Line for members who have suffered assaults or trauma either at work or in their private lives (08705 234 838).

If you are not a member, join online now.


 

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