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Harassment At Work Compensation How Much Can I Claim? JY update January 2021

Update January 2021Harassment 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.

Bullying at work

Bullying at work

It is highly likely that a person can claim compensation for workplace bullying. Indeed, bullying compensation payouts are available for all forms of harassment, not just those that happen at work.

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A Guide to Compensation Claims for Bullying

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 the things that 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.

Types of Bullying That Can Be Claimed For

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 2010 Eqaulity Act. 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 the 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 the around verbally, is a form of harassment, and one that most people would associate with the term bullying.
  • Treating a person unfairly – a very broad form of harassment that is very common in the workplace. Whenever a person is treated differently to another person, then they are being treated unfairly, 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 of bullied due to their age, old or young.

These are the basic 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.

Cases of Bullying Are on the Rise

Bullying and harassment are ever more common. This is due to the way that technology has now made communication simpler and more immediate than ever before. In the past, most compensation cases for bullying were as a result of face to face harassment. Now, the shift is towards online bullying. Below are some interesting statistics taken from research into bullying in the year 2015.

It is estimated that 1.5 million young people under the age of 21 are bullied within the year. 19% of these young people who were bullied in 2015 were bullied daily.

When it comes to gender-based bullying and harassment, 57% of females say they have been bullied, 44% of males indicate they have been the victim of bullying, and 59% of transgender people say they have been harassed or bullied.

The long term physical damage caused by bullying is very real. 44% of people who have been bullied suffer from depression, 41% from social anxiety, and a staggering 33% of them will have had suicidal thoughts at some stage, as a direct result of the harassment they have suffered.

What Can I Claim When I Have Been Bullied?

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 the 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 that are caused by the need to travel either directly due to the bullying (such as taking alternative transport to avoid bullying) or in 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.

No Win No Fee Bullying Compensation Claims

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 a claim for compensation following bullying or harassment a complex and ling winded procedure. This means that ongoing legal costs will likely be quite high. For some people with very limited 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 will not charge a fee unless the 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.

For What Reason Can I Claim Compensation If I Have Been Bullied at Work?

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:

The 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 bullying 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.

What to Do If You Have Been the Victim of Bullying You Think You Can Claim For

Seeking compensation 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.

How to Make a Bullying Compensation Claim

Bullying at the workplace

Bullying at the workplace

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 bullying compensation claim. They may also ask you more questions and will use the answers you give to come up with 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.

Compensation Claim Amounts for Bullying

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 get some indication of 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

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.

Why Choose Us as Your Claim Service?

If you have been the victim of bullying or 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.

And the good news is, that we will take on most claims under a No Win No Fee agreement. You don’t pay a thing unless we win your case for you. And if we do, we will never take more than 25% of the total compensation pay-out as a fee. You will always receive at least 75%. So, what have you got to lose? Contact us today and find out if you have a valid compensation claim case for bullying or harassment.

Useful related links

Workplace bullying and harassment

Bullying at Work NHS

HSE Bullying Advice for individuals

Accident at work claim advice.

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