Myles & Co. Solicitors - Stress at Work,Bullying,Abuse of Power,Complaints Procedure.

Bullying in the workplace in Ireland
Information
The Employment Equality Act 1998 as amended by the Equality Act 2004 places an obligation on all employers in Ireland to prevent harassment in the workplace.
The Act defines sexual harassment and it also describes other types of harassment, for example, harassment because of a person's race or religion.
If you bring a claim against your employer under the Act, you cannot then be subjected to victimisation in the workplace.
If you are being bullied or harassed at work and the harassment is not sexual harassment or any of the other types of harassment covered by the Acts, you may still have legal rights.
What is bullying in the workplace?
Bullying is repeated inappropriate behaviour that undermines your right to dignity at work.
Bullying can be verbal bullying, physical bullying or otherwise and it can take many different forms:
You may be physically or psychologically harassed by someone in the workplace
You may be the victim of social exclusion and isolation
Your reputation may be damaged by gossip or rumours
A person may be abusing a position of power that he or she has over you, for example, by setting you impossible tasks or targets.
Rules
What should you do if you are being bullied at work
If someone is bullying you at work you should report the bullying to a manager.
If there is a company grievance or complaints procedure, you should use it.
Your employer is under a duty to take reasonable steps to prevent bullying in the workplace.
One step that an employer may take to prevent bullying is to create a company policy or code of conduct and to ensure that everyone in the company knows the policy.
In addition, the company must consider and act upon any complaints that are made about bullying.
The Department of Enterprise, Trade and Employment have produced a useful guide called The Code of Practice on Sexual Harassment and Harassment at Work '. Download here>>>
This Code is of interest to employees, employers and their representatives as it sets out guidance notes for effectively addressing bullying in the workplace.
Health and safety: If your workplace does not have an adequate bullying policy you can make a formal complaint about this to the Workplace Contact Unit of the Health and Safety Authority (HSA)
Health and Safety Authority
Bullying in the workplace can affect both the safety and the health of employees. Under the Safety, Health and Welfare at Work Act 2005 employers have a duty to ensure the health and safety of their employees in the workplace. Under section 8 of the Act your employer is required to“prevent any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk”. Your duty as an employee is not to engage in improper behaviour which would endanger yourself or the other employees.

The Health and Safety Authority works to ensure that workplace bullying is not tolerated and that employers have procedures for dealing with bullying at work. It provides information and advice on bullying and is responsible for the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work. This Code sets out guidance notes for employees, employers and trade unions on dealing with bullying in the workplace. Download here>>>

Your employer must take reasonable steps to prevent bullying in the workplace. There should be an anti-bullying policy and established procedures for dealing with complaints of bullying in the workplace. Your employer should deal with such complaints immediately.
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If you feel you are being bullied you can make a complaint about your rights under the Safety, Health and Welfare at Work Act to the Rights Commissioner Service. The complaint form can be downloaded here>>> . We can help you prepare a complaint.

If the bullying becomes unbearable and you are forced to leave your job, you may be entitled to claim that you were "constructively dismissed".
This means that although you left your job voluntarily, in reality you were forced to do so because of the way that you were being treated.
You may then be entitled to bring a claim to the Employment Appeals Tribunal and if the Tribunal agrees that you were "constructively dismissed", you may be entitled to compensation from your employer.
If the bullying/harassment/stress at work is so great that it causes your health (physical or psychological) to suffer or be affected, you may also be entitled to bring a claim in the courts for compensation for personal injury.
It is advised that if you are being bullied or subjected to unreasonable amounts of stress in the workplace that you obtain legal advice about your rights before leaving your job.
(http://www.oasis.gov.ie/).
Time limits: complaints under the Employment Equality Acts and the Safety, Health and Welfare at Work Act must be brought within 6 months. This time limit can be increased to 12 months if “reasonable cause” for the delay can be shown
Claims under the Unfair Dismissal Acts must be made within 6 months of the date of the termination of employment. This time limit may be extended to 12 months in cases where exceptional circumstances have prevented the lodgement of the claim within 6 months.
If you believe that you are being bullied at work or if you are unsure and just want further information, contact us now. Click here to fill in the employment law form . Give as much detail as possible. Remember as solicitors we respect your privacy and owe our clients a duty of confidentiality.