Employment RightsWellbeingDashboard

🛡️ Workplace Bullying & Harassment

Know your rights. Document everything. Get the support you deserve.

💙 If you're in distress: Contact the HSA Work Positive helpline or speak to your GP. You don't have to deal with this alone. WRC Information Line: 0818 808 090

📋 What Counts as Bullying?

Legal Definition (Ireland)

Under the HSA Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (2021), workplace bullying is defined as repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another that could reasonably be regarded as undermining the individual's right to dignity at work.

Key word: Repeated. A single incident, while unacceptable, may not meet the definition of bullying. However, a single serious incident of harassment (e.g., sexual or racial) is actionable under the Employment Equality Acts.

✅ This IS bullying

• Persistent exclusion from meetings, social events, or communications
• Repeated public criticism or humiliation
• Unreasonable deadlines or workload designed to cause failure
• Spreading malicious rumours
• Persistent undermining of authority or competence
• Threatening or intimidating behaviour
• Cyberbullying via email, Slack, or social media

❌ This is NOT bullying

• Legitimate management of performance (when done fairly)
• Constructive, specific feedback on work quality
• Reasonable allocation of work and deadlines
• A single disagreement or conflict
• Decisions about restructuring or redundancy
• Enforcement of workplace policies equally applied
• Personality clashes (unless escalated to repeated inappropriate behaviour)

⚖️ Harassment (Protected Grounds)

Harassment is unwanted conduct related to any of the 9 protected grounds under the Employment Equality Acts: gender, civil status, family status, sexual orientation, religion, age, disability, race, or Traveller community membership. Unlike bullying, harassment does not need to be repeated — a single incident is sufficient.

Sexual harassment includes unwelcome sexual advances, requests for sexual favours, or any conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. This is illegal regardless of the harasser's intent.

📝 How to Document Incidents

Build Your Evidence

Documentation is your most powerful tool. Start recording immediately, even if you're unsure whether to make a formal complaint.

📓 For each incident, record:

Date & time: Exact date, time, and duration
Location: Where it happened (office, meeting room, email, Teams call)
People present: Who witnessed it
What happened: Exact words used, actions taken — be specific and factual
Your response: What you said or did
Impact: How it affected you (anxiety, inability to work, stress)
Evidence: Screenshots, emails, Slack messages — save copies outside work systems
Important: Keep your documentation at home or in a personal cloud account, not on work devices. Employers may restrict access to work email or systems during investigations.

🔄 The Complaints Process

1. Informal Resolution (Optional)

If safe to do so, tell the person their behaviour is unwelcome and ask them to stop. Sometimes people are unaware of the impact. You can do this directly, in writing, or through a trusted colleague.

2. Formal Internal Complaint

Make a written complaint to your HR department or designated contact person. Your employer is legally required to have a bullying/harassment policy and investigation procedure. They must investigate within a reasonable timeframe.

3. Investigation

Your employer should appoint an impartial investigator (often external). Both parties give statements, witnesses are interviewed. You have the right to be accompanied by a colleague or union rep at all meetings.

4. Outcome & Appeal

The investigator makes findings and recommends action. If bullying is upheld, sanctions may include warnings, transfer, demotion, or dismissal of the bully. Both parties can appeal the decision.

5. External Complaint (WRC)

If your employer fails to address the complaint, or if the bullying is harassment on protected grounds, you can refer the complaint to the Workplace Relations Commission. Time limit: 6 months from the last incident (extendable to 12).

🛡️ Your Protections

Penalisation is Illegal

Your employer cannot penalise you for making a complaint in good faith. This includes dismissal, demotion, unfavourable changes to conditions, or any other adverse treatment. Penalisation itself is actionable at the WRC.

Constructive Dismissal

If bullying makes your position untenable and you resign, you may have a claim for constructive dismissal. However, you must generally exhaust internal procedures first. Always seek legal advice before resigning.

🔗 Support & Resources