Harassment And Bullying At Work Compensation How Much Can I Claim?
By Mark Ainsdale. Last Updated 30th March 2021. Welcome to our guide on how to claim harassment compensation. Here, we shall discuss bullying and harassment at work compensation claims and how to make them.
Harassment and bullying are 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 harassment at work – Updated March 2021.
- Why choose us as your claim service?
- Contact Legal Expert Today
- Useful related links
- Harassment at work FAQ’s
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 and how you can claim harassment compensation yourself.
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.
If you’ve been the victim of harassment at work and would like to speak to someone about a claim, please get in touch with our team today for free legal advice.
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 and types of behaviour that many people would label as bullying and thus be able to claim harassment compensation for include:
- 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 and can create and can create an intimidating and hostile environment. 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.
How does harassment happen?
These are just a few of the ways that harassment at work and bullying can occur. There are many more. If someone acts in a way you find intimidating, hostile, degrading or humiliating, this may be workplace harassment and you may be able to take legal action.
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 media sites, or in an Internet chat room. This includes someone posting your personal details or slander about you on the internet. 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.
What types of harassment can I claim for?
As we can see, the combination of the many faces of bullying. The actual ways that harassment can happen means that there are almost limitless possible ways for a person to have a valid reason to claim harassment compensation.
So, let’s take a look at what the law says; what are some valid reasons for making a compensation claim for bullying and harassment? The following are also known as ‘protected characteristics’:
- 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.
The above are known as protected characteristics, and it’s illegal to discriminate against anyone based on these grounds. These are the essential boxes that 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.
Behaviour can be classed as bullying or harassment if it has the purpose or effect of violating your dignity. A person doesn’t need to set out to make you feel this way for it to be harassment; as long as you can prove that their actions were degrading, humiliating or offensive, you may be able to take legal action and claim harassment compensation.
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 at work.
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%. The graph below shows the prevalence of different types of unwanted behaviour of a sexual nature that women experienced at work.
If you’ve been the victim of bullying or sexual harassment at work, you might be able to make a claim. Get in touch with our team today for free legal advice. In the meantime, to learn more about how to claim harassment compensation, please continue reading.
What’s the definition of sexual harassment?
Sexual harassment is unwanted behaviour of a sexual nature that makes you feel humiliated, degraded or intimidated. It’s offensive and creates a hostile environment.
Below you will find some of the types of harassment compensation you can seek to claim due to bullying. 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 take legal action because you have been bullied.
If you’ve been subject to unwanted conduct at work and think you may be able to claim compensation, speak to our team today to start your claim.
Bullying and harassment compensation amounts 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 long-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 claim for workplace harassment 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 harassment compensation as a result of bullying in the workplace 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 bullying or harassment compensation for an incident at work can be difficult. Bullying can often start off seemingly harmless, with teasing and “banter” before slowly escalating into worse behaviour which creates a humiliating or offensive environment. 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. Try to speak to a member of the Human Resources team at your place of employment if this is possible.
If you have had abusive content sent to your email address or phone number, 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 or workplace harassment 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 harassment compensation. 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.
Updated March 2021.
|Severe Psychiatric damage||£51,460 to £108,620||Significant issues, preventing a return to work, form relationships and generally cope in day-to-day life. Poor prognosis.|
|Moderately severe psychiatric damage||£17,900 to £51,460||More optimistic prognosis than the above but with issues preventing a return to work still present.|
|Moderate Psychiatric damage||£5,500 to £17,900||Marked improvement on ability to cope with trauma with a good prognosis.|
|Less severe psychiatric damage||£1,440 to £5,500||Trauma will have an effect on ability to cope and quality of sleep. Such cases just fall short of specific phobias developing.|
|Severe Post-Traumatic Stress Disorder||£56,180 to £94,470||Permanent and lasting effects of trauma, preventing a return to work or ability to function as before.|
|Moderately Severe Post-Traumatic Stress Disorder||£21,730 to £56,180||Prognosis is better than the above but requires professional help to gain any sort of recovery. Significantly disabling effects of trauma for the forseeable future.|
|Moderate Post-Traumatic Stress Disorder||£7,680 to £21,730||Large recovery made in relation to trauma with no majorly disabling effects persisting.|
|Post-Traumatic Stress Disorder||£3,710 to £7,680||Virtually a full recovery made within a period of 2 years, with only minor symptoms persisting.|
|Mental Anguish||£4,380||Fear of impending death or a reduction in life expectation experienced.|
|Less severe brain damage||£14,380 to £40,410||Brain damage with most normal functions returning after recovery|
|Minor brain or head injury||£2,070 to £11,980||Minimal brain damage, with the lower end of the payout bracket being for cases where a recovery took place within a few weeks.|
|Cheekbone fracture||£2,180 to £2,810||Simple fractures requiring no surgery. Complete recovery expected within a short period of time.|
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 at work, 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 case requires. If you’ve fallen victim to bullying of any kind, we can help you make harassment compensation claims for yourself.
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 in your claim to an employment tribunal.
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 at work.
Can you get compensation for harassment?
Those responsible for harassment or bullying of any kind could be held liable in a personal injury claim. If you’ve been a victim of this, you could be entitled to compensation.
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.
How much money can you get for harassment?
Personal injury claims, including those involving harassment, are valued according to the extent of the victim’s suffering. If you’re the claimant, you’ll need to undergo a consultation and medical assessment to determine how the harassment has affected you in order for a compensation estimate to be made. Call free today for an evalutation.
What is an example of harassment?
A common example of harassment in the workplace is unwanted sexual advances while in a professional environment. Often, victims may be worried to speak up for themselves due to the perpetrator being in a position of power, often linked to their job security. However, it’s always best to hold those accountable for their wrongdoings, particularly as you could be entitled to compensation.
Can I sue for harassment emotional distress?
Just as physical injuries can be compensated, psychological, mental and emotional distress can also be compensated. This type of compensation falls under the category of special damages in personal injury claims.