If you are being bullied, harassed or treated unfairly at work, it can affect every part of your life. You may feel anxious before going to work, isolated from colleagues, afraid to speak up, or unsure whether what is happening is serious enough to complain about.
You do not have to deal with it on your own.
At Orpen Franks LLP, we advise employees on bullying at work, workplace harassment, Dignity at Work policies, grievances, WRC claims and employment rights in Ireland.
If you are looking for a bullying at work solicitor in Ireland, we can listen to what has happened, explain your options and help you decide what steps to take next.
If you are being bullied or harassed at work, speak to Orpen Franks LLP for clear, confidential advice before the situation gets worse.
Quick Answer: What Can I Do If I Am Being Bullied at Work?
If you are being bullied at work, you may be able to raise the issue under your employer’s Dignity at Work Policy, make a workplace grievance, seek legal advice, or bring a claim depending on what has happened.
You should try to keep records of incidents, including dates, times, what was said or done, who was involved and whether anyone witnessed it.
Bullying at work can include repeated inappropriate behaviour, intimidation, exclusion, humiliation, unfair criticism or conduct that undermines your dignity at work.
At Orpen Franks LLP, we can help you understand whether the behaviour may amount to workplace bullying or harassment, how to raise a complaint and what legal options may be available.
What Is Workplace Bullying?
Workplace bullying usually involves repeated inappropriate behaviour that undermines your dignity at work.
It may be verbal, physical, written, online or carried out through workplace systems or management decisions. Bullying can come from a manager, colleague, supervisor, senior employee, client, customer or another person connected with the workplace.
Examples of bullying at work may include:
- Being shouted at, humiliated or insulted
- Being repeatedly criticised unfairly
- Being excluded or isolated from work activities
- Being undermined in front of colleagues
- Being given impossible deadlines or workloads
- Being blamed for things that are not your fault
- Having information deliberately withheld from you
- Being threatened or intimidated
- Being constantly monitored without good reason
- Being treated differently after raising concerns
- Being targeted because of a workplace complaint
- Being subjected to offensive jokes, comments or behaviour
Not every disagreement or difficult management decision is bullying. However, if the behaviour is repeated, inappropriate and damaging, it may need to be challenged.
What Is Harassment at Work?
Harassment at work is unwanted conduct connected to a protected ground that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Protected grounds may include:
- Gender
- Civil status
- Family status
- Sexual orientation
- Religion
- Age
- Disability
- Race
- Membership of the Traveller community
Workplace harassment may include:
- Offensive comments or jokes
- Sexual comments or unwanted attention
- Unwanted physical contact
- Racist or discriminatory remarks
- Comments about age, disability, religion or family status
- Exclusion linked to a protected ground
- Online harassment or inappropriate messages
- Retaliation after objecting to inappropriate behaviour
If the behaviour is linked to a protected ground, you may have rights under equality legislation as well as employment law.
What Is the Difference Between Bullying and Harassment?
Bullying and harassment can overlap, but they are not always the same.
Bullying usually involves repeated inappropriate behaviour that undermines your dignity at work. It may not be linked to a protected ground.
Harassment usually involves unwanted conduct connected to a protected ground, such as gender, race, age, disability, religion or sexual orientation.
Both bullying and harassment can be extremely serious. Both can affect your health, confidence and ability to work. If you are unsure which applies, we can help you understand the difference and advise on the best way to raise the issue.
What Is a Dignity at Work Policy?
A Dignity at Work Policy is a workplace policy that explains how an employer should deal with bullying, harassment, sexual harassment and inappropriate behaviour at work.
It should usually explain:
- What bullying and harassment mean
- How employees can raise concerns
- Whether informal resolution is available
- How a formal complaint should be made
- How an investigation should be handled
- What support may be available
- What happens after a complaint is made
- How confidentiality will be managed
- What protections are in place against retaliation
If your employer has a Dignity at Work Policy, it is important that they follow it properly. If they ignore the policy, delay the process, fail to investigate or treat you unfairly after you complain, you may have legal options.
When Should I Speak to a Solicitor About Bullying at Work?
You should consider getting legal advice if bullying, harassment or unfair treatment at work is affecting your health, your confidence, your job or your ability to continue working.
This is especially important if:
- You are thinking about making a formal complaint.
- You have already made a complaint and nothing has changed.
- Your employer has ignored your grievance.
- You are being treated badly after raising concerns.
- You feel you are being pushed out of your job.
- You are considering resigning.
- Your employer is blaming you for the situation.
- You have been disciplined after complaining.
- You are on sick leave because of workplace stress.
- You are worried about retaliation.
- You have received a settlement agreement.
- You believe the behaviour is discriminatory or sexual harassment.
Early advice can help you protect your position and avoid steps that may make matters harder later.
Should I Raise a Grievance or Dignity at Work Complaint?
In many cases, an employee may need to raise the issue internally first. This may be done through a grievance procedure, a Dignity at Work complaint, or another workplace policy.
Before making a complaint, it can be useful to get advice on:
- Which policy applies
- How to describe what happened
- What evidence to include
- Whether to name witnesses
- Whether the issue is bullying, harassment, discrimination or something else
- What outcome you are looking for
- How to protect yourself from retaliation
- What to do if your employer does not act
At Orpen Franks LLP, we can help you understand the best way to raise your concerns and how to protect your position.
What If My Employer Ignores My Complaint?
If your employer ignores your complaint, delays the process or fails to deal with the issue properly, you may have further options.
Depending on the facts, this could involve:
- Following up in writing
- Escalating the complaint
- Making a formal grievance
- Seeking legal advice
- Bringing a WRC claim
- Considering whether the situation could amount to constructive dismissal
- Considering whether there is a discrimination or harassment claim
Employers should take workplace bullying and harassment complaints seriously. They should deal with complaints fairly, promptly and in line with their own procedures.
If your employer is not taking your complaint seriously, Orpen Franks LLP can advise you on what to do next.
Can Bullying at Work Lead to a Constructive Dismissal Claim?
Yes, in some cases.
If bullying, harassment or a failure to deal with complaints makes your job intolerable, and you feel you have no reasonable option but to resign, you may have a potential constructive dismissal claim.
However, constructive dismissal claims can be difficult. Before resigning, it is important to get advice.
The timing of your resignation, the wording of your resignation letter, the steps you took before leaving and the evidence you have can all matter.
If you are thinking about resigning because of bullying at work, speak to Orpen Franks LLP before making a final decision.
Can I Bring a WRC Claim for Bullying or Harassment?
You may be able to bring a claim to the Workplace Relations Commission, often called the WRC, depending on what happened.
Possible claims may involve:
- Harassment
- Sexual harassment
- Discrimination
- Penalisation
- Constructive dismissal
- Unfair dismissal
- Breach of employment rights
- Failure to deal with complaints properly
The correct claim depends on the facts. For example, bullying may be dealt with differently from harassment connected to a protected ground. This is why legal advice can be helpful before deciding how to proceed.
What Happens During a Workplace Bullying or Harassment Case?
Every case is different, but the process may include the following steps.
1. We listen to what happened
We will talk through the behaviour you are experiencing, who is involved, how long it has been going on and how it is affecting you.
2. We review your documents
We can review your contract, workplace policies, Dignity at Work Policy, grievance documents, emails, messages and any other relevant records.
3. We explain your options
We will explain whether the issue may be bullying, harassment, discrimination, penalisation, constructive dismissal or another employment law issue.
4. We help you decide what to do next
This may include raising an informal concern, making a formal grievance, submitting a Dignity at Work complaint, responding to your employer, or preparing a WRC claim.
5. We help you prepare your complaint or claim
We can help you organise your evidence, prepare correspondence, draft or review complaints and explain what points matter most.
6. We can represent you
Where appropriate, we can represent you in WRC proceedings and advise you if the matter proceeds through the Courts.
What Can I Do If I Am Being Harassed at Work?
If you are being harassed at work, you should consider getting advice quickly, especially if the behaviour is sexual, discriminatory, threatening or affecting your health.
You may need to:
- Tell the person to stop, if safe and appropriate
- Report the behaviour under the Dignity at Work Policy
- Raise a grievance
- Seek medical support if your health is affected
- Get legal advice about your rights
- Consider whether a WRC claim is available
Harassment can be very serious. You should not have to tolerate unwanted conduct that violates your dignity or creates a hostile working environment.
What If I Am Being Punished for Complaining?
Some employees are afraid to complain because they worry they will be punished, isolated, disciplined or pushed out.
If you are treated badly because you raised concerns about bullying, harassment, discrimination, health and safety or other workplace rights, you may have additional legal protections.
Examples of retaliation may include:
- Being excluded from work
- Being given worse duties
- Being disciplined unfairly
- Being denied promotion or opportunities
- Being criticised for raising concerns
- Being moved to a different role
- Being threatened with dismissal
- Being pressured to resign
If this is happening to you, it is important to keep records and get advice.
How Bullying and Harassment Can Affect Employees
Bullying and harassment at work can have a serious impact. It may affect:
- Your confidence
- Your mental health
- Your physical health
- Your sleep
- Your work performance
- Your relationships with colleagues
- Your income
- Your future career
Many employees wait too long before seeking advice because they are worried about making the situation worse. Speaking to a solicitor does not mean you have to bring a claim immediately. It can simply help you understand your options and protect your position.
How Orpen Franks LLP Can Help
If you are dealing with bullying, harassment or a Dignity at Work issue, it can be difficult to know what to do next. You may be worried about complaining, resigning, being believed, or making things worse.
At Orpen Franks LLP, we advise employees on workplace bullying, harassment, sexual harassment, discrimination, Dignity at Work complaints, grievances, constructive dismissal and WRC claims.
We can help with:
- Advising whether the behaviour may amount to bullying or harassment
- Reviewing your contract and workplace policies
- Reviewing your employer’s Dignity at Work Policy
- Advising on whether to raise a grievance or formal complaint
- Helping you prepare a workplace complaint
- Advising on how to respond if your employer ignores your complaint
- Helping you gather and organise evidence
- Advising if you are being punished for complaining
- Advising if you are considering resignation
- Preparing and submitting WRC claims
- Representing you at the WRC
- Advising you if the matter proceeds through the Courts
Our advice is clear, practical and focused on helping you protect your wellbeing, your job and your legal position.
Talk to Orpen Franks About Bullying or Harassment at Work
If you are being bullied, harassed or treated unfairly at work, you do not have to face it alone.
At Orpen Franks LLP, we can listen to what has happened, explain your rights and help you decide what steps to take next.
Contact Orpen Franks LLP today for clear, confidential advice about bullying at work, harassment, Dignity at Work complaints and your rights as an employee.
