LRD guides and handbook September 2014

Health and safety law 2014

Chapter 11

Bullying and harassment

[ch 11: page 186]

Employers have a duty to provide a safe and healthy working environment. This includes protection from bullying and harassment.

Common law rights to protection against bullying

Under the common law, employers may be liable for psychiatric or psychological damage caused by bullying or harassment at work. The discussion above on psychiatric injury caused by work-related stress applies equally here.

Protection from harassment under the Equality Act 2010

Workers may have a claim for harassment, where the behaviour is as a result of one of the characteristics protected by the Equality Act 2010 (EA 2010), namely sex, pregnancy and maternity, sexual orientation, gender reassignment, disability, race, religion or belief, age, marriage and civil partnership.