Bullying and Stress Solicitor

We are here for you when you need expert legal advice on bullying and harassment in the workplace. Crushell & Co employment solicitors have extensive experience in advising both employers and employees on all aspects of bullying and stress in the workplace. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.

Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your bullying and stress in the workplace issues.

What is the law in Ireland on bullying and stress in the workplace?

There are a number of provisions in Irish law that could be relevant to workplace bullying and the Health, Safety and Welfare at Work Act clearly applies to psychological as well as physical health. The courts recognize that an employer has a direct duty of care, both at common law and by virtue of the provisions of the HSW Act, to take reasonable care to prevent her suffering mental injury in the workplace as a result of being harassed or bullied by other employees if they knew or ought to have known that such was occurring.

Does an employer have a duty to prevent bullying?

Section 8 of the HSW Act sets out the wide ranging duties owed by an employer to their employee. Amongst the most significant provisions in relation to workplace bullying is that set out in Section 

8(2)(b) which extends an employer’s duties to: 

 “managing and conducting work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health or welfare at work of his or her employees at risk”. 

What steps can be taken to prevent bullying and harassment?

The HSW Act takes account of the management of interpersonal relationships and the impact which behaviour may have on an employee’s mental well being. An employer must take steps to prevent the consequences of unacceptable treatment of employees by other employees or persons with whom they can be expected to come into contact in the course of their employment. 

What are the Codes of Practice on Bullying?

The Code of Practice detailing procedures for addressing bullying in the workplace made under the Industrial Relations Act 19909 sets out both informal and formal procedures for dealing with workplace bullying. This Code has been expressly taken into account by the courts in dealing with personal injury claims, by reference to the definition of bullying as contained in the Code of Practice detailing procedures for addressing bullying in the workplace made under the Industrial Relations Act 1990 and expressly applying it to the plaintiff’s evidence.

Can I sue my employer for stress and anxiety?

The courts will seek to determine whether the employee had suffered a 'recognisable psychiatric illness', adopting the concept from the far more developed law on nervous shock. The use of ‘recognisable’ as opposed to ‘recognised’ acknowledges that the views on psychological damage can develop and change over time. Medical evidence of 'ordinary stress' as a result of workplace difficulties, would typically be insufficient to give rise to a claim of general damages.

What must I prove to bring a bullying and harassment claim?

An employee must establish that the treatment which they claim has caused their injury constitutes an actionable wrong. An employee may be able to establish a statutory breach of duty as set out above. In establishing a breach of the common law duty of care, the conduct complained of must come within the Code of Practice’s definition of bullying, being repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others.

Bringing a claim for bullying and harassment

It is always recommended that employers be afforded an opportunity to address any workplace concerns, complaints or grievances, in the first instance. If an employee does not achieve an adequate response, they may bring a claim to the Workplace Relations Commission, where the matter may be adjudicated. Furthermore, there may be civil actions that could be explored, if it is determined that personal injuries have resulted as a consequence of the bullying and/or harassment. 

Engaging a solicitor for a bullying and harassment complaint

By engaging an employment solicitor to assist with a workplace dispute, an employer or employee can rest assured that they are fully briefed on the options available. Crushell & Co have a track record of achieving successful outcomes for clients through both formal and informal processes.