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To make matters even more complicated, there is currently no specific UK employment law legislation that covers bullying or general harassment in the workplace, even though research has shown that this is a widespread problem that can dramatically affect the quality of your working life.
Whilst your employer does have an established duty of care to you and a legal obligation to ensure your safety and protection, you should be expected to tolerate a certain degree of unpleasantness from colleagues and co-workers. Every accusation of bullying in the workplace must be assessed on a case-by-case basis.
As there is no legislation that relates directly to bullying in the workplace, cases of workplace bullying are normally pursued using other forms of legislation, in particular discrimination.
If there is no element of discrimination in the bullying, you could make a claim under the Protection from Harassment Act. However, this cannot be made in the employment tribunal, so you are at risk of having to pay your employer’s costs if you lose.
If you are being bullied or harassed at work, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any workplace bullying issues you may have. Please contact us for an initial free consultation.
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