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Bullying at work is defined as ‘offensive, intimidating, malicious or insulting behaviour.’ Harassment is ‘unwanted conduct affecting a person’s dignity’.

It is unlawful for an employer to bully or otherwise harass an employee. It is also unlawful for an employer to connive at any bullying by employees of another employee e.g. by sending a colleague ‘to Coventry’. Members of Staff who believe that they have been so unfairly treated that their health has been affected can seek a remedy in the courts. Members of staff whose health has not been affected might also obtain compensation for alleged bullying.
Persistent harassment could amount to a criminal offence, but it is more likely that a school would be sued for damages, which could include an amount for anxiety and any financial loss.

In a case which reached the House of Lords in May 2006, an NHS employee was awarded compensation for the employer’s breach of statutory duty in failing to protect him from harassment by his supervisor. Under the Act there is no defence of having taken reasonable steps to prevent harassment. If you believe you are being bullied or harassed, consult your union.
Protection from Harassment Act 1997.

ACAS has published guidance on bullying and harassment at work – one for employers and one for employees, with examples of behaviour that employees should find unacceptable. Schools should have policies to deal with bullying and harassment.Booklets available from ACAS. Tel: 0810 242 9090.
Quick Guides Equal Opportunities (EO) Section and ST15 Tackling Workplace Bullying.

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