The Extent of the Problem

Bullying at work can be a significant problem, both for employers and employees. It is problem in the professions as well as in industry (see for example Jones v Tower Boot Co Ltd CA 1997 ICR 254, CA.) Indeed according to figures collected by Contact Law - a company which refers claims to solicitors - 40% of all employment claims in 2009 were related to bullying.

Equality Act 2010.

The Equality Act 2010 s.26 provides for a definition of "harassment" similar to that set out above. It makes harassment as defined specifically unlawful in various situations, notably for present purposes in the employment field by Equality Act 2010 s.40 which is entitled "Employees and applicants: harassment" (see notes at Equality Act 2010/harassment and/or at Equality Act 2010/vicarious liability ).

Protection from Harassment Act 1997

Protection from Harassment Act 1997 Act was originally intended as an anti-stalking measure. It creates a criminal offence as well as providing for civil remedies.

See notes at Bullying at work/Protection from Harassment Act .

Implied contract terms

The courts have recognised a common law duty of care, including a duty to prevent ill treatment and bullying, quite apart from statutory requirements (see notes at Implied terms in employment contracts/duties of employer ).

See also as appropriate notes at Health and Safety at work/stress and/or Criminal law aspects/offences under employment legislation/intimidation .

For relevant general notes see Bullying at work/Protection from Harassment Act and/or Vicarious liability and/or Stress/damages claims for stress .