In the press at the moment, the topic of workplace bullying is inescapable, especially since it was alleged that bullying even took place at No. 10. So what’s workplace bullying all about? What is an isn’t legal? And don’t bosses have a right to, well, boss?

Of course, bosses have a right to boss and some bosses will be bossier than others. There is a great difference between a bully and a boss who is simply frustrated about problems in the workplace, inefficiency or poor performance.

A bully is a person who assumes power over somebody else and systematically goes about damaging their confidence or self-esteem. Although bullying connotes the playground and school children, in the workplace it takes on many forms.

ACAS (the Advisory, Conciliation and Arbitration Service) suggests that workplace bullying often takes the form of one individual bullying another using such techniques as spreading rumours, ridiculing or setting unrealistic deadlines. However ACAS is also careful to point out that whole groups may be involved in bullying and that it need not take only verbal form: other examples include bullying by e-mail or telephone.

The problem with workplace bullying as opposed to simply a bossy boss is that it can cause acute anxiety in its victims, often leading to absence from work and even resignation.

Legally, the employer has a duty of care to protect it’s employees and if this is broken and bullying (rather than simply bossing and normal work pressures) takes place then an employee can resign and claim for constructive dismissal. This simply means that they have been forced out of work on the grounds of unreasonable behaviour. However, this is only the case if an employee has been in their role for a minimum of 12 months.

Either way, employment law is intricate and complex and we recommend discussing your case with an employment law solicitor before taking action to make sure you do indeed have a case for the employment law tribunal.