Bullying at work compensation

Can I make a No Win No Fee workplace bullying compensation claim?

Yes - but only if your claim fulfills certain strict conditions'. Under the terms of a no win no fee bullying at work compensation claim, there must be reasonable prospects of success at all times. The solicitor you engage must be able to:

• Prove harm - that you have suffered actual psychological or physical harm via a medical diagnosis.
• Prove cause - that the harm sustained was caused by the incident(s) in question.
• Prove liability - that your employer was negligent in their duty of care to you because of something they did (action) - or failed to do (omission).

If the solicitor finds they can't clearly satisfy all three of these three criteria, then the chances of winning a bullying at work compensation claim will effectively be zero. As a result, they won't be able to handle it on no win no fee terms.

No medically-provable mental harm or physical injury means there's no bullying compensation claim. There are circumstances where you could make a workplace bullying compensation claim: these are when a person has been mentally harmed or physically injured deliberately by a third party while at work. Such incidents fall into a category called workplace violence.

Can I get compensation for NHS staff bullying?

While the UK healthcare system is a demanding and fast-paced working environment, no staff member should have to suffer from bullying or harassment while at work. The NHS owes a duty of care to its employees just like every other workplace. If you're an NHS staff member and have suffered from bullying at work, you could claim compensation.

Can I make a military bullying claim?

Every member of the Armed Forces has the right to serve their country without facing bullying and harassment. The Ministry of Defence and military chain of command has a duty of care to protect staff members from harm, including mental health issues or physical injuries resulting from workplace bullying. If you've suffered from bullying and harassment at work in the military, you could be able to make a compensation claim.

Should I make a compensation claim for bullying at work?

If you've suffered harm from bullying and harassment in the workplace, it's important you have the resources you need to recover. You have a right to seek compensation to cover any financial losses or extra costs incurred because of your injuries, whether physical or mental. 

Making a workplace bullying claim could also expose the perpetrator's unacceptable behaviour and result in changes that prevent the same thing from happening to someone else. 

Could I get fired for making a bullying at work claim?

Many people worry about making a bullying in the workplace claim, thinking that it could put their job at risk. You have the right to seek compensation and it's illegal for an employer to fire you or treat you any differently because of a claim. And even if your employer were to fire you, this would be classed as 'unfair dismissal' and you may be entitled to take additional legal action against them.

How much compensation could I get for bullying at work?

The amount of compensation you can claim for being bullied at work depends on a few factors. 

Personal injury compensation amounts, including bullying compensation payouts, are calculated based on two categories: special and general damages. Special damages cover any money you lost because of the bullying, whereas general damages cover the physical or mental suffering sustained.

The Ministry of Justice outlines compensation amounts for general damages in the Judicial College Guidelines, which our network of bullying at work solicitors will use when estimating how much you could be owed.

I've been bullied at work: what immediate actions can I take?

If the bullying is still going on, getting it stopped and bringing the offender to account is the most important thing you can do. Generally speaking, there are several ways you can tackle the situation - or at least start getting to grips with it:

• Discuss the incident(s) with your manager; they have a duty to listen to your concerns and investigate them. They can also escalate matters on your behalf.
• If this isn't possible for whatever reason, talk to your HR person or department in confidence and use your company's formal complaints and grievance procedure (if there is one).
• If there's no formal HR function where you work, talk to a manager in a position of responsibility.
• Keep a diary of the incidents and keep any communications like emails, voicemails, SMS texts that could form useful evidence. If the problem has spilled over onto social media, take some screengrabs of the offending messages if you can.

If you're a member of a trades union, talk to your rep. They can talk to your employer on your behalf and be able to offer you support.

We understand that finding the best way to handle things can be difficult, especially if the bullying is still taking place. If you want confidential guidance on making a bullying at work claim, call us on [medtel] for free, impartial advice.

If that doesn't work, what could I do next?

If the company's internal complaints and grievances process has let you down and your employer has failed to sort things out, then you can apply for an Employment Tribunal.

Starting a tribunal is free and you do it through ACAS. Tribunals are time-limited: you must start one within three months of the last incident.

The process works like this:

• Notify ACAS that you want to make a claim to an Employment Tribunal.
• They'll ask you to complete and submit an Early Conciliation Notification form.
• In the first instance they'll attempt to mediate the situation between you and your employer rather than have it go to an independent court hearing.
• If this early conciliation fails, they'll send you a certificate that you use when you start the tribunal claim. You can do this online using the government's website.
• You'll need to submit a clear account of what happened, the sequence, who was involved and the impact the bullying has had on your life.
• For cases requiring a single day for the hearing, it typically takes four to six months to set the date. For tribunals needing more time for examination, it can take longer.
• At the hearing, you'll be able to put your case forward and your employer will have the opportunity to respond.
• An independent panel will decide the outcome.

What's the difference between bullying at work and workplace violence?

While bullying tends to be manipulative, stealthy, psychological and typically non-violent, workplace violence is overt and physical. Both can overlap with the former sometimes leading to the latter. Workplace violence incidents can range from verbal abuse and severe psychological harassment through to actual - and sometimes serious - assault. Not just by a co-worker but possibly by a customer, a supplier - or even a member of the public.

The Health & Safety Executive (HSE) defines workplace violence as: "Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work. This can include verbal abuse or threats as well as physical attacks". Physical assault is actually one of the most common causes of injuries at work.

• According to HSE's violence at work report, 307,000 adults experienced violence at work over the year ending in March 2020. There were an estimated 688,000 workplace violence incidents, consisting of:
  • 389,000 threats
    • 299,000 ssaults, 38% of which resulted in injury.
  • Severe bruising made up 47% of injuries caused by workplace assaults, making it the most common type. 

Violence in the workplace can cause problems such as depression, social anxiety and - in some cases - suicidal thoughts. These conditions can affect your family life as well as how you spend your leisure time.

Speak to your GP if you've experienced feelings like this. Alternatively, reach out to a charity such as Mind which can offer mental health support.

How do I react to a physical assault at work?

• If you've been assaulted at work by a colleague, co-worker or any other third party during the course of your job, the first thing you must do is report it to your employer and the police.
  Assault is a criminal offence and the police will investigate it. If there are grounds (and if the incident was not justifiably provoked by your own actions), they'll make recommendations for criminal prosecution against the alleged perpetrator.
• Your employer will also investigate it and is duty-bound to make all necessary inquiries and take any disciplinary steps the situation dictates.
• If you've suffered mental harm and/or physical injury, then you could be eligible to make a No Win No Fee workplace violence compensation claim. The damages you could receive cover financial compensation for things like:
  • The physical injuries and emotional trauma you've suffered.
  • Any expenses or lost earnings it has caused you and your family.
• Any claim for an incident of workplace violence would be against your employer if they failed in their duty of care to you. Your employer could also be liable under the terms of what's called ‘vicarious employers' liability'.
  • Rather than where an employer is liable for things they did (or failed to do), vicarious liability means they can also be held potentially liable for the acts or omissions of employees too - as long as they occurred as part of the job.
• If the injury you sustained was serious enough, you reported it to the police and you don't have a criminal record, you may be able to make a personal injury claim through the Criminal Injuries Compensation Authority (CICA). This body compensates the victims of violent crime in England, Scotland and Wales.
  • In this scenario it, you could lodge a claim with CICA, just in case the liability claim against an employer fails. However, you can only be awarded damages for the incident once.
• Finally, you could have justification for making a civil claim against the assailant.

Workplace violence is a notoriously complex legal area. Each case is assessed on a case-by-case basis and you should always seek professional legal advice in the first instance.

What do I do if I've been abused psychologically?

Again, the most important thing is to get it stopped - quickly. Start by reporting it to your employer, talk to HR and/or your trades union representative and use the company complaints and grievances procedure. You may wish to apply for an Employment Tribunal and in severe cases, police involvement may be justified.

Psychological abuse in the workplace is actionable for compensation - but a claim needs a clear and diagnosed medical condition arising from the abuse. Examples would include conditions like post-traumatic stress disorder (PTSD) or clinical depression. This is a complex medical and legal area so there are neither quick fixes nor hard and fast rules. You should seek professional advice at the earliest opportunity.