What is bullying in the workplace and what can you do about it?

The term “workplace bullying” can be used to describe a wide range of behaviours, making addressing and tackling it difficult and often ineffective. In this article, Carina Senf from Rotwang Law looks at how bullying can be identified, and offers some solutions for anyone who is experiencing or witnessing it. 

Bullying in the workplace is a serious issue that can significantly impact the mental and physical health of employees. If an employee is experiencing bullying in the workplace, it is important for them to know that they have rights and do not need to suffer in silence. In this article, we will discuss the legal definition of bullying, the employer’s duty of care and what employees can do if they are being bullied or witnessing someone else being bullied. 

What is bullying in the workplace? 

Bullying in the workplace is considered a form of psychological violence that can have severe consequences for the victim. Severe and prolonged bullying can not only lead to long-lasting mental health issues such as depression and anxiety, but can also have a physical impact, potentially resulting in chronic stress-related illnesses. 

Bullying can take many forms, including but not limited to verbal abuse, exclusion and intimidation. This kind of behaviour does not need to be tolerated and employees should not be fearful of exercising their rights to protect themselves from it. 

The legal definition of bullying

Under German law, bullying (Mobbing) is defined as the systematic harassment of or discrimination against an employee by one or more colleagues and / or superiors. Importantly, the harassment or unfavourable treatment must be repeated over an extended period of time and must be done to intentionally cause harm to the victim in order for it to be defined as bullying. 

It is important to note that not all forms of conflict in the workplace will come under the legal definition of bullying - it must be systematic and done with the purpose of causing harm to the specific victim.  

Employer’s duty of care

Under German law, employers have a duty of care to their employees which extends to protecting them from bullying. This duty of care is known as the “Fürsorgepflicht” and is established in section 618(1) of the German Civil Code (BGB). 

In addition to this, employers have a duty of care under various public law sources, such as the Occupational Health and Safety Act (ArbSchG), the Workplace Ordinance (ArbStättV) and various other ordinances all designed to protect employees. The main point is that employers must take measures to prevent bullying from occurring in their workplace. 

What does this duty of care look like? 

Broadly speaking, employers are required to take active measures to prevent bullying from occurring in the workplace. This includes creating a safe and healthy work environment, providing training to employees on how to recognise and prevent bullying, and taking action against employees who engage in bullying behaviour. 

Any complaints of bullying made to employers must be investigated and appropriate actions have to be taken to address the issue. 

What can employees do if they are being bullied? 

If an employee is being bullied, the first thing they should do is keep a record of every bullying incident they experience. This can be done by keeping a diary or log, with entries including the date, time and details of what happened. 

The employee should also report these incidents to their supervisor or HR department. If the employer fails to take any action to address the issue, the employee can file a complaint with the labour court.

It is important to understand that the amount of compensation that an employee may be entitled to receive through this process in Germany is generally lower than in other countries (such as the United States) and the burden of proof is quite high. 

However, this is not to say that there is no hope. German courts are increasingly taking bullying cases more seriously and there have been cases where significant amounts of compensation were awarded to employees affected by severe bullying. 

Throughout this process, employees are advised to seek support from a counsellor or therapist to help them cope with the emotional and mental impact of bullying. Protecting the health of the employee should always be the first priority. 

Know your rights and protect yourself

Bullying in the workplace is a serious issue that can severely impact the psychological and physical health of employees. However, bullying in the workplace does not need to be tolerated and employees have rights that they can exercise to protect themselves from it. 

Employers have a duty of care towards employees to take active measures to prevent bullying from occurring in the workplace. If bullying does occur, employees should record, report and seek support - record the incidents, report them to their employer, and seek support from a counsellor or therapist. 

Remember: You do not have to suffer in silence. Seek support and protect yourself from the harmful effects of bullying. 

If you are experiencing bullying in your workplace and would like to understand your rights, seek legal advice as soon as possible, even if you are still in the above stages of recording and reporting. The team at Rotwang Law can support you in this process and help you determine whether you are eligible to receive compensation, how much you may be eligible to receive, and how your claim can be enforced.