Being bullied at work can have a devastating impact on your mental health. If you've been a victim of bullying, you could be entitled to claim compensation.
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Workplace Bullying Compensation
If you’ve been bullied at work and this has affected your mental or physical health, you may be able to claim workplace bullying compensation.
Bullying at work can take many forms, from offensive comments to intimidating behaviour and physical abuse. If your employer did not put a stop to bullying or they have caused it in the first place, they could be liable to pay you compensation.
If you have been the victim of workplace bullying, call 0800 470 0472 or use our online claim form to speak to an expert solicitor. They will review your case and provide free legal advice about your options.
Key points about workplace bullying claims
- Eligibility: You may be able to claim if bullying at work caused you physical or psychological harm.
- Employer Responsibilities: Employers must take reasonable steps to prevent bullying and provide a safe working environment.
- Time Limit: You generally have 3 years from the date of the incident or your diagnosis to make a claim.
- Compensation: The amount will depend on the type and severity of your injury, including emotional distress, lost earnings, and treatment costs.
- No Win, No Fee: Your solicitor will offer a no win, no fee service, meaning you only pay a fee if your claim is successful.
Table of Contents
What is a claim for workplace bullying?
A workplace bullying claim is a type of personal injury claim you can make if bullying or harassment at work has caused you a physical or psychological injury. Depending on the circumstances, the claim can be brought against:
- Your employer, if they were negligent and failed to protect you from harm.
- The Criminal Injuries Compensation Authority (CICA), if the bullying involved a criminal act, and your employer cannot be held liable.
The compensation for workplace bullying and harassment will cover the pain and suffering caused by the aggressive behaviour, as well as any related financial losses.
Can I make a workplace bullying compensation claim against my employer?
You may be eligible to make a claim for bullying and harassment at work if the following can be proven:
- Your employer owed you a legal duty to protect you from unsafe working conditions.
- They breached this duty and failed to keep you safe from harassment or bullying.
- As a result, you suffered a psychological injury or actual physical harm.
- You are within the legal time limit for making a claim (generally 3 years).
If you did not sustain a medically-provable physical or psychological injury, it is unlikely that you would be able to recover compensation for bullying at work through a personal injury claim.
What steps should my employer take to prevent workplace bullying?
Under the Equality Act 2010 and the Health and Safety at Work Act 1974, employers must take reasonable steps to prevent harassment and bullying at work, including (see also the ACAS guidance on workplace discrimination and bullying):
- Have a clear anti-bullying policy.
- Promote a respectful work environment.
- Provide training on identifying, preventing, and reporting bullying.
- Investigate complaints promptly and thoroughly.
- Take action when bullying is confirmed.
- Offer support to those who have suffered from bullying.
If they fail to take reasonable steps to prevent bullying and harassment, an employer may be held liable for harassment, discrimination, or victimisation of an employee.
Is there a time limit to claim compensation for bullying at work?
Yes. You must typically start a personal injury claim within three years of your date of knowledge that bullying at work caused you an injury, although some exceptions may apply.
If you develop a severe condition such as PTSD or major depression, this might cause you to lose the mental capacity to conduct legal proceedings. In this case, the time limit is suspended until you recover, and a litigation friend could claim on your behalf during that period.
What should I do if I want to make a claim for workplace bullying or harassment?
If you have suffered any type of bullying at work and this has affected your health and well-being, you should:
- Speak to your GP for medical support and to have your injuries documented.
- Report the issue to your manager, trade union representative or HR department.
- Make a formal complaint using your employer’s grievance procedure.
- Keep a diary of the incidents, including SMS texts, emails, photographs or videos the bully used to harass you.
- Ask for the contact details of any witnesses to the harassment.
- Keep track of how you’ve been affected by bullying.
- Report any physical or sexual harassment at work to the police.
To start your claim, all you need to do is contact a personal injury solicitor. They will contact your employer or their insurer and negotiate a settlement on your behalf.
How much compensation can I claim for bullying at work?
The level of compensation owed to you will depend on the severity of the harm you suffered and the impact on your life. Your settlement will include pain, suffering and loss of amenity (general damages) and any related financial losses (special damages).
Below are some examples of compensation amounts taken from the Judicial College Guidelines (18th Edition) that you could receive for your pain and suffering, depending on your specific circumstances:
| Injury Type | Description | Compensation |
|---|---|---|
| General Psychiatric Damage | Psychiatric damage affecting life, education, work and relationships, but with good improvement and prognosis | £7,700 - £25,000 |
| Psychiatric damage significantly affecting life, education, work and relationships, but with a more optimistic prognosis | £25,000 - £72,000 | |
| Psychiatric damage significantly affecting life, education, work and relationships, with a very poor prognosis | £72,000 - £153,000 | |
| Psychiatric damage that is not severely debilitating and has a shorter-term impact | £2,000 - £7,700 | |
| Post-Traumatic Stress Disorder | PTSD with full recovery within 1-2 years and only minor longer-term symptoms | £5,200 - £11,000 |
| PTSD with some recovery after professional help but significant ongoing disability for the foreseeable future | £31,000 - £79,000 |
Can workplace bullying claims be made using no win no fee?
Yes, if you have a valid bullying at work compensation claim, your solicitor will offer you a no win no fee service. This way, you don’t have to pay any upfront fees, and you will not have to pay them a single penny if your claim is unsuccessful.
Your solicitor will handle all aspects of your claim, and you only pay them if you receive compensation. Their success fee will be deducted from your compensation award, and it is capped at 25% of general damages and past financial losses.
Frequently Asked Questions
According to the law, this includes any unwanted treatment linked to:
- Age
- A physical or mental disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race and ethnicity
- Religion or beliefs
- Sex
- Sexual orientation
- Face-to-face. This refers to any verbal or physical act meant to harass, intimidate, humiliate, embarrass, or threaten you.
- Online bullying. Cyberbullying is a common form of harassment nowadays and may include offensive or threatening emails, spreading rumours or posting private details online
- By phone. This includes abusive text messages, offensive photos or videos, threatening or frightening phone calls or having your phone number made public.
- In writing. Bullying can also be carried out through written means, such as notes, letters, or emails.
- Being humiliated in front of others.
- Being repeatedly blamed for things outside your control.
- Receiving impossible deadlines.
- Unwelcome sexual comments or advances.
- Malicious rumours or targeted exclusion.
- Offensive comments about race, disability or religion.
- Being intentionally excluded from group activities or emails.
- Receiving constant and unconstructive criticism.
Read More: Examples of bullying in the workplace
For employees:
- Mental health issues, such as stress, anxiety and depression.
- Physical health problems, such as headaches, high blood pressure, skin rashes and IBS.
- Difficulty concentrating, decreased productivity and reduced work performance.
- Financial impact due to missed promotions, time off work or demotion.
For employers and organisations:
- Increased sickness absence.
- An increase in staff turnover and training costs.
- Decreased productivity and staff disengagement.
- Poor employer-employee relations.
- Damage to reputation and credibility.
- A detailed log of every bullying incident.
- Copies of emails, messages and other written communication.
- Statements from colleagues who saw or experienced the same behaviour.
- Medical evidence, such as GP records and mental health assessments.
- Records of medication, therapy or counselling related to the bullying.
- Copies of formal complaints or grievances addressed to your employer.
- Your employment records.
- Proof of financial losses, such as therapy costs or lost wages.
If you believe your employer failed in their duty to protect you from bullying at work, don’t hesitate to seek legal advice. For a free consultation with a legal adviser, call 0800 470 0472 today or request a call back. They can let you know if you may be eligible to claim workplace bullying compensation and answer any questions you may have.
