What counts as workplace bullying?

The decisions in recent cases have highlighted that behaviours considered by some to be inappropriate might not pass the threshold for a successful legal claim in the employment tribunal. 

One such case is that of Hobbs v HR Lettings Limited, employment tribunal, May 2023, in which a former employee claimed unfair dismissal. Mrs Hobbs claimed she had been unfairly constructively dismissed as she was subjected to bullying at work, which her employer would not discuss with her, and which resulted in her ending her employment. 

The claim for unfair dismissal

The case involved allegations of bullying by colleagues which, in the Claimant’s mind, were not dealt with when she raised them and she later resigned. In a message exchange the director acknowledged work was stressful for everyone and the Claimant was getting flustered. The message ended: ‘chin up granny’. 

The employment tribunal found the message reasonable with exception of the ending which it concluded was inappropriate. Other allegations were made including colleagues raising their voice, recruitment not having been discussed with her, a warning issued (but later retracted) without her side of events being heard, as well as her desk being moved during sick leave.

The law in these cases is clear; whether the actions that result in resignation are sufficiently serious to entitle the individual to resign must be considered objectively. It is not enough for the individual to consider them sufficiently serious.

The employment tribunal found the individual genuinely believed she was being bullied and had lost trust in the company. It found that some of the conduct, including by the director, was ‘not ideal’ but it accepted that there was a bad environment in the office, and that Mrs Hobbs and her colleagues did not always agree with each other, which was stressful and frustrating for everyone involved. 

However, this does not mean that there was a course of conduct in place against her. Yet it found that the actions were not intended to and nor were they likely to destroy the relationship of trust between employee and employer. 

In these circumstances, the individual had resigned but the employment tribunal found that she had not been constructively dismissed and her claim for unfair dismissal failed.

Managing workplace behaviours which fall below ‘ideal’ as they arise could have prevented this situation from arising in the first case and it is a skill often overlooked. Managers and colleagues can also be more aware of individuals around them and how they feel about the work environment. Training is an important aspect and, whilst an investment of time and likely costs, can save considerable time, upset and money in the long run not just in terms of defending employment tribunal claims – merited or not – but also improved performance and morale.

You can view our training topics here: HR and Employment Law Training for your business - Birkett Long Solicitors

Employment law and you

If you would like to discuss your particular case or find out how Birkett Long can support your organisation in keeping up to speed with employment law to reduce the risk of claims from employees, get in touch with a member of the BLHR and Employment Team who will be happy to assist.

We advise on workplace conflict resolution and mediation, regularly draft and review policies and handbooks, and provide tailored training to HR teams and line managers.

To contact Julie directly you can reach her on [email protected] or 01206 217318.