Bullying at Work Compensation Claims
Workplace bullying causes real, measurable psychiatric harm — depression, anxiety, PTSD, and in severe cases lasting career damage. Where bullying or harassment in the UK workplace causes psychiatric injury, two separate legal routes are available: a personal injury claim against the employer (for failing to prevent the bullying), and a claim under the Protection from Harassment Act 1997 (against the bully personally, where their conduct meets the legal definition of harassment). Employment tribunal claims for discrimination or unfair dismissal can run in parallel.
In this guide
- Two Different Legal Routes
- What Counts as “Bullying” in Legal Terms?
- What Is NOT Bullying
- Who Is Liable?
- What Compensation Could You Receive?
- Time Limits
- Evidence That Strengthens a Bullying Claim
- No Win No Fee Bullying Claims
- Common Questions About Bullying at Work Claims
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide explains how bullying claims work in UK law, what evidence is needed, what compensation typically covers, and how to start a claim on a no win no fee basis.
Two Different Legal Routes
1. Personal Injury Claim Against the Employer
Where workplace bullying causes psychiatric injury that the employer should have prevented, UK personal injury law allows a claim against the employer. The legal framework is the same as for other workplace stress claims — see our stress at work compensation claims guide. Key elements:
- Recognised psychiatric injury (depression, anxiety, PTSD)
- Caused by the workplace bullying
- Foreseeable to the employer (they knew or should have known)
- Employer breached duty by failing to address the bullying
- Causation established
2. Protection from Harassment Act 1997 Claim
Originally drafted to address stalking, the Protection from Harassment Act 1997 has become a major tool in UK workplace bullying claims. The Act:
- Creates a civil claim (and a parallel criminal offence) for “a course of conduct” amounting to harassment
- Requires at least two incidents of harassment
- Has a lower foreseeability threshold than negligence claims
- Allows for damages including anxiety (not just diagnosed psychiatric injury)
- Has a 6-year limitation period (longer than personal injury’s 3 years)
- Imposes vicarious liability on employers for harassment by employees
The Protection from Harassment Act route is often the strongest because foreseeability is less of a barrier and full psychiatric injury is not required. The leading case — Majrowski v Guy’s and St Thomas’ NHS Trust (2006) — confirmed that employers are vicariously liable for harassment by their employees under the Act.
3. Employment Tribunal Claims (Separate Process)
Where bullying is linked to a protected characteristic (race, sex, age, disability, religion, sexual orientation, etc.), separate claims for discrimination or harassment under the Equality Act 2010 can be brought at the Employment Tribunal. These run in parallel to civil claims. They have a much shorter time limit (typically 3 months) and operate through a different procedure. A specialist employment solicitor (not necessarily the same as the personal injury solicitor) handles tribunal claims.
What Counts as “Bullying” in Legal Terms?
There is no statutory definition of workplace bullying. UK courts and ACAS have developed a working understanding through case law. Bullying typically involves:
- Persistent unwanted behaviour aimed at the victim
- Behaviour that is offensive, intimidating, malicious, or insulting
- An abuse or misuse of power
- Conduct that undermines, humiliates, denigrates, or injures the recipient
Common patterns:
- Verbal abuse, shouting, or humiliating treatment in front of colleagues
- Excessive criticism and unreasonable performance management
- Isolation — exclusion from meetings, communications, social activities
- Undermining — sabotaging work, withdrawing necessary information
- Excessive workload deliberately designed to fail
- Setting up to fail — assigning tasks designed to be impossible
- Threats to job security
- Sexual harassment
- Discriminatory conduct (linked to protected characteristics)
- Cyberbullying — emails, messaging, social media
What Is NOT Bullying
Not all uncomfortable workplace conduct amounts to bullying. The following are typically not bullying:
- Reasonable management instructions, even if firm
- Performance management when based on genuine concerns
- Reasonable disciplinary action
- Difficult but professional conversations
- Workload that is challenging but not excessive
- Tone or style of communication that the recipient finds uncomfortable but is not designed to humiliate
The line between firm management and bullying is fact-sensitive. Tribunals and courts look at the overall pattern, the purpose of the conduct, and whether reasonable people would consider it bullying.
Who Is Liable?
Liability in bullying claims falls on:
The Employer
Employers are vicariously liable for harassment by their employees under the Protection from Harassment Act 1997 (Majrowski). They are also directly liable in negligence for failing to provide a safe working environment.
The Individual Bully
Individual bullies can be sued personally under the Protection from Harassment Act 1997 — although in practice claims are usually pursued against the employer (better resourced and insured). Where the bully has personal assets, parallel claims can recover separately.
Senior Management Who Failed to Act
Where senior managers knew about the bullying and failed to address it, the employer’s liability is reinforced. Documentary evidence of complaints raised and ignored is particularly powerful.
What Compensation Could You Receive?
Compensation depends on the severity of the psychiatric harm and the financial impact:
- Less severe psychiatric injury (full recovery within 1-2 years) — typically £1,880 to £7,150
- Moderate psychiatric injury (some ongoing symptoms, partial work capacity) — typically £7,150 to £23,270
- Moderately severe psychiatric injury (significant problems for foreseeable future) — typically £23,270 to £67,015
- Severe psychiatric injury (permanent inability to work at pre-illness level) — typically £67,015 to £141,240
- Pure harassment without diagnosed psychiatric injury (under PHA 1997) — typically £3,000 to £15,000
Special damages typically include lost earnings (often substantial — many bullying claimants cannot return to the same workplace), psychological treatment costs, and retraining costs where a career change is required.
For PTSD claims specifically see our PTSD compensation amounts guide. For general workplace stress see our stress at work claims guide.
Time Limits
Different routes have different time limits:
- Personal injury claim — 3 years from the date of knowledge of psychiatric injury caused by workplace bullying
- Protection from Harassment Act 1997 claim — 6 years from the most recent incident in the course of conduct
- Employment Tribunal discrimination claim — typically 3 months from the act of discrimination (with very limited extensions)
The short Employment Tribunal time limit is a major risk — workers should take early advice when bullying behaviour starts, even if no claim is yet contemplated. See our time limits guide for the wider framework.
Evidence That Strengthens a Bullying Claim
- A contemporaneous diary documenting each bullying incident — date, time, what happened, who was present
- Emails, messages, and other written communications showing the bullying conduct
- Records of any complaints made to HR, management, or grievance procedures
- Witness statements from colleagues
- The employer’s anti-bullying policy and evidence of failure to apply it
- GP records documenting symptoms and timing
- Independent psychiatric assessment with formal diagnosis
- Records of any occupational health referrals
- Sick notes and absence records
- Performance records (often showing artificial criticism)
The contemporaneous diary is often the most powerful evidence. Bullying claims with a detailed, dated diary substantially outperform those reconstructed from memory. See our evidence guide for the wider framework.
No Win No Fee Bullying Claims
Personal injury bullying claims run on a no win no fee Conditional Fee Agreement. The success fee is capped under LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded). After-the-Event insurance protects against adverse costs. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works). Protection from Harassment Act claims also typically run on CFA. See our how no win no fee works guide.
Common Questions About Bullying at Work Claims
I have been bullied at work for years but I have not formally complained. Is it too late?
Probably not, but it makes the case harder. Personal injury time limits run from the date of knowledge of psychiatric injury — typically when you first sought medical help. Protection from Harassment Act claims have a 6-year limit from the most recent incident. Where the bullying continued recently and you have only just sought help, both routes are still available. The lack of formal complaint affects the foreseeability element of the personal injury claim but does not defeat the harassment claim.
What if I am still working there and afraid of being sacked?
Dismissal for making a personal injury claim is automatically unfair under UK employment law. In practice, many bullying claimants are no longer working for the relevant employer by the time the claim concludes — the breakdown or settlement typically means a parting of the ways. The compensation reflects this through lost earnings and any retraining costs. A specialist solicitor will advise on how to manage the practical position while the claim runs.
My bully is a senior manager. Can I really claim against my employer?
Yes. The employer is vicariously liable for the conduct of its managers under both negligence law (personal injury) and the Protection from Harassment Act. The seniority of the bully often strengthens rather than weakens the case — because it suggests the company tolerated or implicitly approved the conduct.
How much compensation could I get for bullying?
It depends entirely on the severity of the psychiatric injury and the financial impact. Modest cases with full recovery typically settle for £5,000 to £15,000. Cases with moderate psychiatric injury preventing work for a substantial period typically settle for £20,000 to £75,000. Severe cases with permanent career impact can settle for £75,000 to £300,000 or more. Special damages for lost earnings often dwarf general damages.
**I was bullied for being
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. Do I have additional routes?**
Yes — discrimination under the Equality Act 2010 is a separate route at the Employment Tribunal, with its own remedies (compensation including injury to feelings, plus reinstatement options in some cases). The short 3-month time limit at tribunal is a major risk — early specialist employment law advice is essential. Many bullying claimants run tribunal and civil claims in parallel.
How long does a bullying claim take?
Bullying claims typically take 18 months to 3 years to settle. The complexity of psychiatric injury assessment and the typically contested factual matrix mean these cases take longer than physical injury claims. Cases where the employer admits liability early can settle faster; contested cases sometimes go to trial. See our how long does a claim take guide.
Related Guides
Accident at Work Claims — UK Employer Compensation
Stress at Work Compensation Claims
Can I Sue My Employer? UK Worker Rights
Personal Injury Time Limits Explained
Evidence Needed for a Personal Injury Claim
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