How to Deal with Workplace Bullying by a Manager

Workplace bullying is a serious issue that can affect an employee's mental, emotional and physical wellbeing. When the bullying comes from a manager, the situation becomes even more complex and difficult to navigate. In the UK, employees are protected by various laws that aim to ensure a safe and respectful working environment.

If you're facing bullying from a manager, it's important to understand your rights and know the steps you can take to address the issue. 

What Is Workplace Bullying?

Workplace bullying involves repeated, unreasonable actions that harm, intimidate or undermine an employee. It may take various forms, including:

• Verbal abuse: Insults, swearing or belittling remarks.  For example, a manager regularly insults an employee, calling them "incompetent" or "useless" in front of colleagues, or uses profanity to express frustration.

• Physical intimidation: Unwanted physical contact or threats of violence.  For example, a manager stands too close to an employee, invades their personal space or physically touches them inappropriately during conversations

• Exclusion: Isolating someone from work-related activities or communication.  For example, a manager deliberately excludes an employee from team meetings or events ensuring they are not informed about important information or decisions.

• Undue criticism: Constantly criticising an employee’s work without constructive feedback.  For example, a manager repeatedly points out minor mistakes.

• Unfair work demands: Assigning unreasonable workloads or impossible deadlines.  For example, a manager assigns an employee an overwhelming workload making it impossible for them to complete tasks to an acceptable standard.

• Threats or humiliation: Using power to belittle or embarrass employees.  For example, a manager publicly shames an employee for mistakes, humiliates them in front of the team or makes threats like "you'll regret it if you don't fix this" or "you're lucky to still have a job."

While one-off incidents might be unpleasant, bullying typically involves a pattern of behaviour aimed at undermining the individual.

Legal Protections Against Bullying in the UK

In the UK, workplace bullying is not classified as a specific unlawful offense but there are several legal protections in place for employees under various laws:

1. The Equality Act 2010

   
   

The Equality Act 2010 protects employees from discrimination based on protected characteristics such as age, gender, race, disability and religion. If bullying from your manager is related to any of these factors, it may be classified as harassment, which is illegal under the Act. Harassment refers to unwanted behaviour that violates your dignity or creates an intimidating, hostile, degrading or offensive environment.

The Equality Act also protects employees from retaliation if they raise concerns about bullying or harassment. This includes protection from disciplinary action, dismissal or any form of victimisation for making a complaint or bringing a claim forward in relation to a protected characteristic.

In Kaur v. Leeds Teaching Hospitals NHS Trust [2005] IRLR 965 (CA) confirmed that the breakdown in trust and confidence which could result from workplace bullying or mistreatment, could constitute a valid basis for constructive dismissal.

2. Health and Safety at Work Act 1974

   
   

Employers have a duty of care to ensure the health, safety and welfare of their employees at work. This includes protecting employees from mental and emotional harm such as stress or anxiety caused by bullying. If bullying is affecting your wellbeing, your employer is legally obligated to take appropriate action to address it.

3. Employment Rights Act 1996

   
   

This Act protects employees from unfair dismissal. If you are bullied by a manager to the point that you feel forced to resign, you may have grounds for a constructive dismissal claim. This means you can leave your job and claim that you were effectively dismissed due to the employer's failure to provide a safe working environment.

Steps to Take if You're Being Bullied by a Manager

1. Document the Bullying

Keep a detailed record of all incidents of bullying. Note the dates, times and specifics of each event including any witnesses or evidence (emails, messages, etc.). This documentation will be crucial if you decide to pursue legal action or lodge an official complaint.

2. Consider Speaking to the Bully

If you feel safe doing so, consider confronting your manager about their behaviour. Sometimes, a direct approach can stop the behaviour, especially if the individual is unaware of the harm they are causing. However, this approach should only be taken if you are confident that it will not lead to further retaliation.

3. Report the Incident Internally

If direct confrontation is not possible or effective, you should report the bullying to your employer. Most organisations have a grievance procedure that allows employees to formally raise concerns. You may want to speak with someone from HR or another trusted senior manager who is not involved in the situation. Ensure you follow the procedures set out in your employer’s policies.

4. Seek Support from Trade Unions

If you're a member of a trade union, they can provide support and advice. Unions often have experience dealing with workplace bullying and can help you navigate the process of addressing the issue. They may also assist in representing you during formal meetings or hearings.

5. Mediation or Conflict Resolution

   
   

Some employers may offer mediation or conflict resolution services to help resolve disputes between employees and management. If your employer offers this, it might be an opportunity to resolve the situation without escalating it further. In these cases, a neutral third party would help facilitate a discussion between you and your manager.

6. Take Legal Action

   
   

If internal procedures do not resolve the issue or if the bullying persists, you may consider taking legal action. The first best step is to contact an Employment Solicitor so that you can receive legal advice.

You can then look to file a claim with an employment tribunal (e.g. for discrimination or harassment under the Equality Act 2010 or for constructive dismissal if the bullying forced you to leave your job). It is genuinely advisable to seek legal advice from a Solicitor specialising in employment law to understand your options and chances of success.

In Withers v. Leicester City Council [2012] EWCA Civ 1316: The Court of Appeal ruled that an employee could claim constructive dismissal when bullying by a manager created a breakdown in the employment relationship.

Prevention and Employer Responsibility

Employers have a duty to prevent workplace bullying and ensure that employees feel safe and respected.  To minimise the risk of bullying:

• Create clear policies: Employers should establish clear anti-bullying and harassment policies making employees aware of acceptable behaviour and how to report incidents.

• Training for managers: Managers should undergo training on how to manage teams fairly, resolve conflicts and identify and address bullying behaviour.

• Regular monitoring: Employers should monitor the work environment and take action when issues arise. Employees should feel confident that their complaints will be taken seriously.

  
  

Conclusion

Workplace bullying is a serious issue, particularly when it comes from someone in a position of power such as a manager. We believe it is crucial for employees to understand their rights and take appropriate steps to address the situation.

No one should feel unsafe or degraded in the workplace.

Call a specialist employment lawyer  

Magara Law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. 

For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.