Bullying & Stress
Dealing With Bullying or Stress at Work?
Your employer has a legal duty to provide a safe place of work, and that includes protecting you from bullying. Repeated inappropriate behaviour that undermines your dignity at work - whether from a manager, a colleague, or a group - is something your employer is obliged to deal with, not something you are expected to put up with.
You may have grounds to act if any of the following apply:
- You are experiencing repeated undermining, exclusion, humiliation or verbal abuse at work
- You raised a complaint and your employer ignored it or failed to follow its own procedures
- You were treated worse after making a complaint or raising a health and safety concern
- Workplace stress caused by your employer's conduct has affected your health
- The situation has become so bad you feel you have no option but to resign
Time limits apply - acting early also protects your position, so get advice before resigning or signing anything.
What You May Be Entitled To
The right route depends on your situation. That may mean compelling your employer to deal with the bullying through its own procedures, a penalisation claim if you were punished for raising concerns, a constructive dismissal claim if you were forced out, or a personal injury claim where workplace stress has damaged your health. We will assess your circumstances and tell you straight which route gives you the strongest position - and what it is worth.
Bullying And Stress Solicitor
Expert legal advice on workplace bullying and stress claims under Irish employment law.
If you’re experiencing bullying, harassment, or work related stress, our Dublin based employment solicitors can advise on your rights and the best course of action, whether through internal procedures, the WRC, or civil proceedings.
Irish law imposes a clear duty on employers to protect employees from bullying and harassment. Under the Health, Safety and Welfare at Work Act, this extends to psychological as well as physical health.
Employers who knew or ought to have known about bullying and failed to act can be held liable.
Our Process
1. Assess Your Situation
We review the facts to determine whether the behavior you’ve experienced meets the legal definition of bullying, repeated inappropriate behavior, direct or indirect, whether verbal, physical, or otherwise.
2. Raise It Internally
Employers must be given an opportunity to address the issue first. We advise on the correct use of both informal and formal procedures, in line with the Code of Practice under the Industrial Relations Act 1990.
3. Build Your Case
We help you establish that the treatment amounts to an actionable wrong, whether through a statutory breach of duty under the HSW Act or a breach of common law duty of care.
4. Bring Your Claim
Depending on your circumstances, we can bring a complaint to the WRC for adjudication, or pursue a civil personal injuries claim where a recognisable psychiatric illness has resulted.
Evaluate & Improvement
Employers have a duty under Section 8 of the HSW Act to manage and conduct work activities in a way that prevents improper conduct or behaviour likely to put an employee’s safety, health, or welfare at risk.
This includes the management of interpersonal relationships and the impact of behaviour on mental wellbeing. The obligation extends to protecting employees from mistreatment by colleagues or any person they may come into contact with during the course of their work.
To succeed in a bullying claim, an employee must show the conduct was repeated, inappropriate, and falls within the definition set out in the Code of Practice.
For civil claims, the courts look for evidence of a recognisable psychiatric illness, ordinary stress from workplace difficulties is generally insufficient to ground a claim for general damages.
EMPLOYER'S DUTY
Employers must take reasonable steps to prevent bullying and harassment, including managing conduct that affects an employee's psychological wellbeing.
THE LEGAL TEST
The behaviour must be repeated inappropriate conduct, direct or indirect, verbal, physical, or otherwise, as defined by the Code of Practice.
YOUR OPTIONS
Internal grievance procedures, a WRC complaint, or a civil personal injuries claim where psychiatric injury can be established.
Frequently Asked Questions
Assess Your Situation
- Bullying is defined as repeated inappropriate behaviour by one or more persons against another
- Single incidents may not meet the threshold unless exceptionally serious
- The conduct can be verbal, physical, or indirect
- Medical evidence of the impact on your health strengthens the case
Raise It Internally
- Employers must be given an opportunity to address the complaint
- The Code of Practice sets out both informal and formal procedures
- Courts have expressly referenced the Code when assessing personal injury claims
- Failure to use internal procedures can weaken your position
Build Your Case
- Establish a breach of duty under the HSW Act or at common law
- The employer must have known or ought to have known about the behaviour
- Medical evidence must show more than ordinary workplace stress
- A recognisable psychiatric illness is required for civil claims
Bring Your Claim
- WRC complaint for adjudication of workplace bullying disputes
- Civil personal injuries claim where psychiatric harm has resulted
- Both routes can be explored depending on the severity and impact
- Expert legal representation ensures the strongest possible case
Do You Have a Case?
90% of our clients' claims succeed. Get a straight answer on where you stand.
Get In TouchTime limits apply to most employment claims.
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What People Say
Client Testimonials
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Straight answers, in three steps
Most people have never needed a solicitor before. Here is exactly what happens when you contact us.
Tell Us What Happened
Send the form or call us. We listen, ask the right questions, and give you a straight answer on whether you have a case worth pursuing.
Agree The Plan Of Action
We set out exactly how your case will run and what to expect at each stage, all agreed in writing before anything begins. WRC claims usually must be lodged within six months, so we move quickly.
We Pursue Your Claim
Negotiation first, then the WRC, Labour Court or civil courts if needed. Most of our clients settle without ever facing a hearing.