Public and Commercial Services Union

There is no specific legislation protecting employees from bullying at work although unions including PCS continue to campaign for a ‘Dignity at Work’ law.

Generally speaking, issues involving bullying will almost always be resolved more quickly and effectively through negotiation rather than trying to pursue legal action.

However, the following are examples of how the law may be used; PCS reps may want to refer to these to put pressure on employers to treat any allegations seriously.

Health and safety legislation

The Health and Safety at Work Act 1974 requires employers to ensure the physical and mental health, safety and welfare at work of their employees.

The Management of Health and Safety at Work Regulations 1992 obliges employers to assess the risks to health and safety to which their employees are exposed while at work, so that they can take appropriate preventative and protective measures. This applies to both physical and mental health.

Health and safety legislation also gives safety reps legal rights to investigate causes of stress and problems such as bullying and stress related ill-health in the workplace.

The Health and Safety Executive (HSE) has issued guidance on stress and this includes references to bullying.

Publications and resources are available on the Health and Safety Executive website.

The HSE says that to reduce stress, employers should have effective systems to deal with interpersonal conflict, bullying and racial or sexual harassment.

These systems should include an agreed grievance procedure and proper investigation of complaints.

The fact that the HSE refers to bullying at work in its stress guide establishes bullying as a hazard that employers must take steps to control and as a legitimate issue for trade union safety reps to take up with the employer.

In addition, so long as an employer knew or ought to have known about their obligation to protect employees against bullying, they cannot avoid liability by saying they do not condone the behaviour of particular employees.

Unfair and constructive dismissal

If bullying behaviour leads to dismissal it may be possible to claim unfair dismissal.

Equally if the member feels that the only way he/she can deal with the bullying is to leave the job and, provided he/she has at least one year’s service at the time of leaving, he/she may be able to claim constructive dismissal at an employment tribunal.

However, this is not straightforward and it is not a course of action that PCS recommends, because the member will be without a job and constructive dismissal claims are very difficult to win.

Members are strongly advised to seek legal advice, via their local PCS workplace rep, before deciding to resign.

Discrimination law

If harassment or bullying is the result of discrimination on grounds of sex, race, trade union activities, sexual orientation, religion or belief, age or disability it may be possible to bring a discrimination claim in the employment tribunal.

Again, internal grievance procedures will need to have been taken; again, seek advice from your local PCS rep in good time.

Protection from Harassment Act 1997

The Protection from Harassment Act 1997 can also be used to deal with extreme cases of harassment at work under the criminal law.

Where harassment involves physical contact or threat of it, it may be appropriate to take civil or criminal action, e.g. for assault, indecent assault or rape.

Under the Criminal Justice and Public Order Act 1994, people who intentionally harass may be guilty of an offence and may face criminal charges.

Advice on taking legal action

Reps should take advice from their bargain­ing unit, regional office or from the legal and personal case department, telephone 0113 200 5300 before considering legal action.