gives a broad overview of the duties imposed on employers with regard to tackling bullying and harassment at work. These include the common law duty of care, statutory duties, express and implied contractual duties, and specific duties imposed on public sector employers. Chapter 2
considers the preliminary and jurisdictional issues that arise in relation to a claim of unlawful harassment under the legislation prohibiting discrimination and harassment in employment on the grounds of sex, race, disability, religion or belief, sexual orientation and age. Chapter 3
examines the substantive issues involved in a claim of unlawful harassment, including the statutory definition of harassment, the extent of employers’ liability for the actions of their employees, and the remedies available to successful claimants. Chapter 4
discusses the potential for employees to bring a claim in the tort of negligence, based on the employer’s breach of the duty of care, in respect of injury to health caused by workplace bullying. The chapter goes on to consider similar claims under the general law of contract and explains the extent of employers’ vicarious liability at common law for the actions of their employees. Chapter 5
focuses on unfair constructive dismissal claims based on workplace bullying. The chapter also considers the possibility of a bullied employee bringing a claim of unlawful detriment based on one of the various grounds protected under the Employment Rights Act 1996. Chapter 6
gives guidance on the drafting and implementation of a bullying and harassment policy, a key tool for tackling bullying and harassment in the workplace.