Harassment And Bullying At Work Compensation How Much Can I Claim?
By James Vincent. Last Updated 8th February 2021. Welcome to our guide where we shall discuss bullying at work compensation cases. Harassment and bullying is common. In many cases, people who are attacked in this way often don’t even see it as something they can claim compensation for. They see it simply as one of those things that just happens. This couldn’t be further from the truth, especially in bullying at work cases.
A person can likely claim compensation for workplace bullying. Indeed, bullying compensation payouts are available for all forms of harassment, not just those that happen at work.
Select a Section:
- A guide to compensation claims for bullying
- Types of bullying that can be claimed for
- Cases of bullying are on the rise.
- What can I claim when I have been bullied?
- No win no fee bullying compensation claims.
- For what reason can I claim compensation if I have been bullied at work?.
- What to do if you have been the victim of bullying you think you can claim for.
- How to make a bullying compensation claim.
- Compensation claim amounts for bullying.
- Why choose us as your claim service?
Within this guide, you will find information on how bullying takes place and some of the common types of bullying that are often the basis for a compensation claim. You will also find the legal classifications of the types of bullying and harassment that can be claimed for.
The guide will help you learn what to do if you have been bullied and how to start making a compensation claim. It will then look at what compensation can be claimed for, and list some potential amounts of compensation you might receive. Finally, it will make a case for using a solicitor that will work under a No Win No Fee agreement to pursue your claim for bullying compensation.
Although the actual term “bullying” is not recognised in a legal sense, it can be deemed to encapsulate many of the forms of definable harassment that are laid out in the Equality Act 2010. Good examples of the types of harassment that many people would label as bullying are:
- Blocking promotion or training prospects – this form of harassment is complex, as it is hard to prove. In effect, it is a very passive type of bullying, where the perpetrator doesn’t actively seek to cause harm to the person they are bullying. Instead, they simply fail to give equal opportunities that they have a right to.
- Constant criticism and undermining of a good worker – in cases of harassment where an otherwise competent worker is continuously criticised by a third party, with no real basis for it.
- Using somebody as the butt of bad or distasteful jokes and other forms of verbal offence – picking on somebody by constant ridiculing them or pushing them around verbally, is a form of harassment, and one that most people would associate with the term bullying.
- Mistreating a person – an extensive form of harassment that is very common in the workplace. Whenever a person is treated differently to another person, then they are being mistreated, and this is a form of harassment.
- Slanderous rumours and gossip – if a person reputation is damaged, due to the spreading of malicious rumours, this can be a valid type of harassment.
These are just a few of the ways that harassment and bullying can occur. There are many more. It is also useful to understand that bullying doesn’t have to occur in a direct form of interaction; it can be carried out as:
- Person to person – the most common type of harassment, when one person is bullying another in a face to face fashion.
- Online – by email, via social networking sites, or in an Internet chat room. Online bullying is fast becoming the most common form of bullying of all.
- By letter – the written word can also be used for bullying and harassment.
- By telephone – much like face to face bullying, a telephone call can be the vehicle for significant levels of harassment.
As we can see, the combination of the many faces of bullying, and the actual ways that harassment can happen means that there are an almost limitless of possible ways for a person to have a valid reason to claim for compensation for bullying. So, let’s take a look at what the law says about harassment, what are some valid reasons for making a compensation claim for bullying?
- Sexual orientation – when a person is harassed or bullied due to their sexual persuasion, such as being gay or bisexual.
- Belief or religion – when a person is harassed or bullied due to the specific religion or belief, they choose to follow.
- Race and colour – when a person is harassed or bullied due to the colour of their skin, or the place they were born.
- Gender – when a person is harassed or bullied due to their sex. This also covers cross-gender or gender reassigned individuals.
- Disability – when a person is harassed or bullied due to either a physical or mental disability that they are a victim of.
- Age – when a person is harassed or bullied due to their age, old or young.
These are the essential boxes which harassment and bullying fall into from a legal viewpoint. And of course, individual compensation claims for bullying could comprise of multiple different types of harassment.
Bullying and harassment is an extremely prevalent occurrence and affects a large majority of people. After all, it was reported by Safeline that sexual harassment in the workplace affects over half of UK women.
This is due to the way that technology has now made communication more straightforward and more immediate than ever before. In the past, most compensation cases for bullying were as a result of face to face harassment.
It is also echoed with the Trades Union Congress reported titled “Still Just A Bit Of Banter” it outlines how 52% of women (out of 1,500) has endured unwanted sexual behaviours at work – such as inappropriate jokes and groping. The report also echoed that women aged 16-34 rose to 63%.
Below you will find some of the types of compensation you can seek to claim due to bullying or harassment. Note that this section does not include general damages, such as injury, pain and physical suffering. Any form of harassment that has resulted in a physical injury will be pursued as an assault case, not a bullying case.
- Mental anguish and hardship – if harassment or bullying has caused some form of mental health problem. This could be something as simple as stress, right through to mental scarring leading to loss of ability to function within society.
- Medical expenses – any costs that are for medical care that is needed to deal with the mental hardship caused by the bullying.
- Travel expenses – any costs caused by the need to travel either directly due to the bullying (such as taking alternative transport to avoid bullying) or travelling to pursue a compensation claim for harassment.
- Loss of earnings – when the harassment or bullying causes a person to miss work, lose their job, or suffer some form of financial hardship either in the short-term or due to a loss of earning into the long-term, this can be claimed for.
These are the basic types of compensation that can be claimed due to harassment or bullying. However, this is not an exhaustive list. You will need to take professional legal advice to discover if there are further types of compensation you may be able to claim because you have been bullied.
Bullying and harassment pay-outs can vary greatly due to the very complex nature of most bullying cases. This is especially true of compensation for workplace bullying, where the employer may also shoulder some of the blame, and therefore be liable for paying compensation for workplace bullying.
This makes pursuing harassment at work claim for compensation a complex and ling winded procedure. This means that ongoing legal costs will likely be relatively high. For some people with minimal financial resources, this would mean they could not pursue their compensation claim.
No Win No Fee agreements can solve this problem. A solicitor will take on the bullying compensation case and not charge a fee unless the harassment at work claim is successful. If the solicitor fails to win the case, then the client pays nothing. The solicitor’s fees are fixed at a maximum of 25% under a No Win No Fee agreement, meaning that the client always receives at least 65% of the amount of compensation for bullying that they have been awarded.
Claiming for compensation following harassment and bullying due to work is complicated. In many cases, the employer will not be liable to actually pay compensation. There are a number of guidelines that work-related bullying, with the employer being the responsible party, need to fit into, and these include:
Bullying or harassment has to have taken place as a direct consequence of the job. If a person is bullied by a person, they met through their job, but outside of the work role, then this is not a valid case for claiming harassment at work compensation from the employer.
The actual bullying or harassment that occurred was unavoidable due to being directly linked to the work being undertaken.
It is believed that the bullying or harassment which took place could cause a long-term mental health problem, or the victim has already suffered some form of mental trauma due to the bullying at work.
Of course, these conditions only apply to harassment and bullying at work compensation claims where the victim is attempting to sue the actual employer, for allowing the bullying to take place in the workplace. These conditions do not affect compensations claims made against individuals in the workplace.
Seeking compensation for bullying or harassment can be difficult. Bullying can often start off seemingly harmless, with teasing and “banter” before slowly escalating into worse behaviour. If the process began a long time ago, then your memory of all the incidents may fade. Bullying is often hard to prove as the behaviour is not often the type that can be kept on record.
You can start by making a written record of all the incidents you can remember, with as much detail about the incidents and when and where they took place as you can. Be sure to keep recording things as they occur if the harassment is an ongoing issue.
If you have texts or emails of an abusive or harassing nature, save copies and screenshots of them. If there were any witnesses to the behaviour, approach them and ask if they are willing to testify in your favour to support your accounts.
Beginning a claim stats with seeking a free consultation with a legal advisor, get in touch with us if you think you could have an actionable complaint of bullying and you want to know what to do next.
If you have followed the advice given in the section above, then you are likely ready to begin making your claim for some form of bullying compensation payouts. If this is the case, you should contact a firm of solicitors, such as those we deal with.
Our solicitors will offer to give you a free hour of legal consultation, at which time they will take all of the details about your harassment at work compensation claim. They may also ask you more questions and use the answers you give to develop a plan for how to push your claim for compensation for bullying forward. In most cases, our solicitors will offer to take on your compensation claim under a No Win No Fee agreement. This means you will not have to pay any legal fees unless your claim for bullying compensation is successful.
Many people want to know when it comes to compensation for bullying at work, how much can they claim? The answer to this is far from clear cut. They could use a harassment compensation calculator to indicate how much they will receive, but this will only be a rough estimate. Below we have published some of the more common types of compensation that are awarded due to a bullying or harassment claim, and how much they have paid out.
|Severe Psychiatric damage||£51,460 to £108,620|
|Moderately severe psychiatric damage||£17,900 to £51,460|
|Moderate Psychiatric damage||£5,500 to £17,900|
|Less severe psychiatric damage||£1,440 to £5,500|
|Severe Post-Traumatic Stress Disorder||£56,180 to £94,470|
|Moderately Severe Post-Traumatic Stress Disorder||£21,730 to £56,180|
It is important to note that this is not a complete list if the types of compensation that could be received due to a claim for bullying or harassment. They are merely some general guidelines. You will need to speak to a legal firm to find out more detailed information on the type of compensation you can claim, based on your unique case, and how much you might receive.
If you have been the victim of harassment, we understand that you might feel embarrassed or self-conscious about speaking about it. This is simply part of being human. Rest assured that we treat each of our customers with the respect they deserve, and the sensitivity their compensation case requires.
We will always offer you a completely free consultancy session, at the end of which we will let you know if your compensation claim for bullying is viable. We won’t waste your time making promises we can’t keep, and we will always have your best interest at heart.
In just about every case, we will be willing to take on the claim under a Conditional Fee Agreement (CFA). This means you won’t have anything to pay unless we successfully claim compensation for bullying or harassment on your behalf. You can always trust us to give you the best advice possible at all times, and we pledge to attempt to get you the maximum amount of compensation that we possibly can.
Contact Legal Expert Today
Have you been a long-suffering victim of harassment or bullying? This could have been at work, at college, or in your general day to day life dealing with private individuals such as your neighbours. If you have, then you really should contact us to discuss the possibility that you may be able to claim compensation for this bullying.
We can help with every aspect of your bullying or harassment compensation claim in an expert manner. We deal with hundreds of such cases each and every year. When you come to us, you are assured of a top-quality, highly professional service that will get you the most amount of compensation possible.
Use one of the following methods to contact our team:
- Enquire online via our website.
- Call us on 0800 073 8804.
- Or use our online chat via the right corner of the page.
Contact us today and find out if you have a valid compensation claim case for bullying or harassment.
Useful related links
Harassment at work FAQ’s
Can I claim if I have been harassed at work?
If you endure harassment at your place of work, not only could it leave you psychologically traumatised, but it could impact your earning potential and trickle into other areas of your life. Nobody should ever be made to suffer this type of experience. With the support of a personal injury solicitor, you could make a claim against the negligent party for the trauma you’ve endured.
Must I begin my harassment at work claim with a personal injury claims time limit?
To make a harassment at work claim, you must begin your claim within 3-years from the date of the accident. Should you fail to begin your case within the 3-year limitation period, then it could hinder your claim validity.
Are there any exceptions to the limitation periods?
In short, the answer is yes. If your case involves a child under the age of 18, then a litigation friend would be appointed to handle the case, and the limitation period may differ. The limitation period may also differ for claims involving those who lack the mental capacity to handle their own case; cases of this nature would come under the Mental Capacity Act 2005.
Thank you for reading our guide to making a harassment at work claim.