Bullying at Work in Ireland: Employer Guide to Harassment and Dignity at Work

Practical guidance for employers on preventing complaints, managing risk, and meeting legal duties

Published by Orpen Franks Solicitors | www.orpenfranks.ie

Workplace bullying and harassment are among the most damaging and legally consequential issues an employer can face. Beyond the profound impact on employees — including stress, anxiety, psychological injury, and long-term health effects — these issues expose employers to legal liability under employment equality, health and safety, constructive dismissal, personal injury, and vicarious liability principles.

The Workplace Relations Commission (WRC), the Courts, and the civil courts have developed a substantial body of case law on employer obligations regarding dignity at work. The clear message from this jurisprudence is that employers are not merely expected to react to complaints — they are expected to have preventive measures in place, to respond promptly and effectively when issues arise, and to create a workplace culture where bullying and harassment are not tolerated.

The financial consequences of failure can be severe. Discrimination and harassment claims under the Employment Equality Acts can lead to significant compensation awards. Personal injury claims arising from workplace bullying can result in substantial damages. Constructive dismissal claims, health and safety prosecutions, and reputational harm can compound the exposure. Prevention is not merely desirable — it is a legal and commercial imperative.

The Employment Equality Acts prohibit harassment and sexual harassment in the workplace. Harassment is defined as unwanted conduct related to any of the nine protected grounds — gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community — that has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment. Employers have a statutory defence if they can demonstrate that they took reasonably practicable steps to prevent the harassment and to reverse its effects.

The Safety, Health and Welfare at Work Act 2005 imposes a general duty of care on employers to ensure, so far as is reasonably practicable, the safety, health, and welfare of employees at work. This extends to psychosocial hazards including workplace bullying, workplace stress, and psychological harm. The Health and Safety Authority (HSA) Code of Practice on the Prevention and Resolution of Bullying at Work is admissible in evidence and helps define expected standards for employer conduct.

The HSA Code defines workplace bullying as repeated inappropriate behaviour, direct or indirect, whether verbal, physical, or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work. It sets out obligations regarding prevention, policy development, training, and complaint resolution.

The WRC Code of Practice on Addressing Bullying in the Workplace (SI 674/2020) provides further guidance on employer obligations and complaint procedures. Failure to follow the Code is admissible in WRC and Court proceedings. The Industrial Relations Acts also provide a route for bullying complaints to be referred to the WRC as an industrial relations matter.

Separate from the statutory framework, employers face common law liability for personal injury arising from workplace bullying and harassment. Claims in negligence and for breach of the employer’s duty of care can result in substantial damages awards. The test is whether the employer knew or ought to have known about the bullying and failed to take reasonable steps to prevent it or address it.

Vicarious liability means an employer can be held legally responsible for unlawful bullying or harassment committed by an employee in the course of employment, even where senior management did not authorise the conduct. The practical defence is evidence: written policies, regular training, prompt investigations, effective corrective action, and clear records showing that reasonably practicable steps were taken to prevent and address the behaviour.

If you have received a complaint of bullying or harassment, if you are aware of workplace conflict that may escalate, or if you do not have a current, compliant dignity at work policy and investigation procedure in place, you should seek professional legal advice immediately. Orpen Franks Solicitors can advise on the appropriate response and help protect your organisation.

If you are dealing with a bullying complaint, harassment complaint, or need to review whether your workplace policies and investigation procedures are legally compliant, getting professional legal advice early can significantly reduce risk and protect your organisation from costly claims.

Orpen Franks Solicitors advise employers on bullying at work in Ireland, including dignity at work policies, investigations, training, complaint handling, and managing legal exposure with confidence and precision.

Contact our Employment Law Team today to ensure your procedures are legally compliant and stand up to scrutiny.

Before you proceed, ensure your dignity at work process meets the WRC’s stringent requirements. One procedural mistake could expose your business to significant compensation claims and reputational damage.

Orpen Franks Solicitors provide expert guidance on workplace bullying complaints, ensuring you follow fair procedures and have the documentation needed to defend your position.

A comprehensive dignity at work policy should clearly define workplace bullying, harassment, sexual harassment, and victimisation, and cover all employees, contractors, agency workers, and visitors. The policy should state the employer’s zero-tolerance position, the behaviours prohibited, and the consequences of breach.

Clear complaint procedures should include both informal resolution options, such as mediation where appropriate, and a formal investigation process. The procedures must comply with fair procedures and natural justice for both the complainant and the respondent.

A structured investigation process should be independent, impartial, thorough, and conducted in a timely manner. The investigator should be trained, independent of the parties, and should produce a written report with findings of fact. The rights of both parties must be protected throughout.

Regular training should be provided to all employees on the dignity at work policy, what constitutes bullying and harassment, how to raise concerns, and the consequences of prohibited behaviour. Managers and supervisors should receive additional training on recognising, addressing, and escalating concerns.

An identified contact person should be available to receive complaints and provide information and support on the policy and procedures.

Systems should be in place for recording and monitoring complaints, tracking outcomes, identifying patterns, and reviewing the effectiveness of the policy and procedures.

Access to Employee Assistance Programmes (EAP), counselling, and support should be available for both complainants and respondents during and after the complaint process.

• Written dignity at work policy covering bullying, harassment, and sexual harassment, distributed to all staff
• Informal resolution mechanism including access to mediation
• Formal investigation procedure compliant with fair procedures and natural justice
• Contact person or designated officer identified and trained
• Regular training on dignity at work for all employees and managers
• Access to Employee Assistance Programme (EAP) or counselling services
• Policy covers all nine protected grounds under the Employment Equality Acts
• Protection against victimisation and penalisation for raising complaints
• Confidentiality provisions for all parties throughout the process
• Right to representation at formal stages
• Right of appeal against investigation findings
• Integration with disciplinary procedure for substantiated complaints
• Policy reviewed and updated within the last 12 months
• Documented acknowledgement of policy by all employees

If you cannot answer “yes” to each question with confidence, it may indicate a gap that warrants professional review.

• Do you have a current, comprehensive dignity at work policy that has been communicated to all employees?
• Does your policy comply with the HSA Code of Practice on Bullying and the WRC Code of Practice (SI 674/2020)?
• Do you have both informal and formal complaint procedures with clear, documented steps?
• Have all employees and managers received training on dignity at work, and can you evidence this?
• Do you have access to trained, independent investigators for formal complaints?
• Could you demonstrate to the WRC that you took reasonably practicable steps to prevent harassment?
• Are your investigation procedures compliant with fair procedures and natural justice for both complainants and respondents?
• Do you have support systems in place, such as an Employee Assistance Programme, for affected employees?
• Are victimisation protections clearly communicated to employees who raise complaints?
• Is your response to complaints consistent, timely, and documented?

“Having a Policy Is Enough”

A dignity at work policy that exists on paper but is not communicated, trained upon, and actively enforced provides minimal legal protection. The statutory defence under the Employment Equality Acts requires evidence of reasonably practicable steps — a policy alone does not satisfy this test.

“Bullying Only Counts If It’s Intentional”

The definition of workplace bullying focuses on the effect of the behaviour, not the intent. Conduct that was not intended to bully but that had the effect of undermining an employee’s dignity may still constitute bullying. The WRC and Courts assess the impact on a reasonable person, not the subjective intention of the alleged perpetrator.

“Performance Management Can’t Be Bullying”

While legitimate performance management is not bullying, the manner in which it is conducted can cross the line. Public criticism, humiliation, unreasonable targets, isolation, or micromanagement — even in the context of addressing genuine underperformance — may constitute bullying behaviour if they are repeated and undermine the employee’s dignity.

“Anonymous Complaints Can’t Be Investigated”

While anonymous complaints create practical challenges, employers cannot simply ignore them. The employer has a duty of care to investigate credible concerns about bullying and harassment, even where the complainant is not identified. The scope and method of investigation may differ, but complete inaction is not an option.

“Mediation Is Always Appropriate”

Mediation is a valuable tool for resolving many workplace conflicts, but it is not appropriate in all situations. Serious allegations of sexual harassment, sustained campaigns of bullying, or situations involving significant power imbalances may require formal investigation rather than mediation. Using mediation inappropriately can leave the complainant feeling that their complaint was not taken seriously.

• Any formal complaint of bullying, harassment, or sexual harassment — particularly where the allegations are serious or involve senior personnel
• Drafting or reviewing your dignity at work policy and investigation procedures for legal compliance
• Commissioning or managing a formal workplace investigation into bullying or harassment allegations
• Where a WRC complaint or personal injury claim has been lodged relating to workplace bullying
• Where the complaint involves allegations of discrimination or sexual harassment under the Employment Equality Acts
• Managing the return to work of employees following a bullying complaint, including risk assessment and monitoring
• Where the alleged perpetrator holds a senior position and the investigation process requires particular independence
• Defending the employer’s statutory defence that reasonably practicable steps were taken to prevent harassment

At Orpen Franks Solicitors, we understand that workplace bullying and harassment issues require sensitive handling, procedural rigour, and legal precision. As experienced employment law solicitors, we provide the legal expertise to help you prevent, manage, and resolve these matters.

• Draft and review dignity at work policies, anti-bullying policies, and anti-harassment policies
• Design and review investigation procedures for compliance with fair procedures, natural justice, and current codes of practice
• Conduct or oversee formal workplace investigations as independent, external investigators
• Advise on managing live bullying and harassment complaints, including interim measures and risk management
• Represent employers in WRC proceedings, Court appeals, and personal injury litigation arising from workplace bullying
• Deliver training programmes on dignity at work, anti-bullying, and harassment prevention for management and staff
• Advise on vicarious liability exposure and building evidence of reasonably practicable steps
• Provide ongoing employment law advisory support

Before you proceed, ensure your dignity at work process meets the WRC’s stringent requirements. One procedural mistake could expose your business to significant compensation claims and reputational damage.

Orpen Franks Solicitors provide expert guidance on workplace bullying complaints, ensuring you follow fair procedures and have the documentation needed to defend your position.

Workplace bullying and harassment are issues that every employer must take seriously — not only because of their profound impact on individuals, but because of the significant legal, financial, and reputational exposure they create. The legal framework is extensive, the procedural requirements are demanding, and the consequences of inadequate prevention or poor handling of complaints can be severe.

The difference between an employer who is protected and one who is exposed lies in the quality of its policies, the effectiveness of its training, the fairness of its investigation procedures, and the consistency of its response. These are areas where specialist employment law expertise is essential.

If this guide has prompted you to question whether your organisation is truly prepared to prevent and respond to bullying and harassment, that is exactly the right response. The next step is to have your framework professionally reviewed.

Your workplace culture is only as strong as the expertise protecting it.

Contact Orpen Franks Solicitors today to arrange a consultation.

+353 1 637 6200  |  law@orpenfranks.ie  |  www.orpenfranks.ie

Disclaimer: This guide is provided for general information purposes only and does not constitute legal advice. Employment law is complex and fact-specific. Employers should seek professional legal advice tailored to their individual circumstances before acting on any information contained in this guide.