Bullying at work in Ireland: what counts, what to do, and the routes that exist

Bullying at work is one of the most searched employment problems in Ireland and one of the least understood in law. There is no Act called the Bullying Act and no complaint form at the Workplace Relations Commission (WRC) headed "bullying". What there is instead is a Code of Practice with a precise definition, a duty on your employer under health and safety law, and four routes that open up when the employer fails. This guide takes them in order.

What the Code says bullying is

The Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (S.I. No. 674/2020, in force since 2021) is a joint code from the WRC and the Health and Safety Authority (HSA). It defines bullying as repeated inappropriate behaviour, direct or indirect, by one or more persons against another at the place of work or in the course of employment, which could reasonably be regarded as undermining the individual's right to dignity at work.

Three words in that definition carry the weight.

• Repeated. A once-off incident, however upsetting, is not bullying under the Code. It may be something else: an assault, harassment, or a breach of the disciplinary procedure.
• Inappropriate. The behaviour has to be the kind a reasonable person would see as going beyond ordinary workplace friction.
• Dignity. The test is whether the behaviour could reasonably be regarded as undermining your dignity at work, not whether the person meant it that way.

The Code gives examples: being humiliated or ridiculed, being shouted at, being excluded or isolated, having work taken away or being set up to fail, intrusion into your private life, and repeated verbal abuse. Remote and online behaviour counts. Messages, group chats and video calls are all "in the course of employment".

What is not classed as bullying

People search "what is classed as bullying" because the line is hard to see from inside it. The Code is clear that these are not bullying on their own.

Whether something crosses the line is a matter of fact and context. Reasonable management done roughly, over and over, can tip into bullying; a single bad day usually cannot. If what you describe is linked to one of the nine equality grounds (your gender, age, disability, race and so on), it may be harassment rather than bullying, and harassment has a different and stronger legal route: see harassment and sexual harassment at work.

Is bullying at work illegal?

Not in the way people expect. No Act makes bullying an offence and there is no free-standing bullying claim at the WRC. What the law does instead is this.

• Health and safety law puts a duty on your employer to manage risks to your safety, health and welfare at work, and the Code treats bullying as a workplace hazard the employer must prevent and deal with. The HSA enforces that duty.
• The Code sets out the procedure an employer is expected to have. An employer that ignores it will find that counted against it at the WRC and in court.
• Your contract carries an implied term of mutual trust and confidence. Serious bullying that the employer will not deal with may breach that term, which is the basis of a constructive dismissal claim.

So the honest answer to "is bullying at work illegal" is that your employer's failure to prevent and resolve it can have legal consequences through the routes below, but there is no form headed "bullying".

The informal route

The Code expects the informal route to be tried first wherever that is reasonable. It has two forms.

The first is dealing with it directly. You tell the person, calmly and specifically, that the behaviour is unwelcome and you want it to stop. Many people cannot do this, and the Code does not force you to.

The second is the contact person. Your employer should name a contact person: someone trained to listen, explain the procedure and your options, and support you. The contact person does not investigate and does not take sides. You can also go to your manager, or to that manager's manager if your manager is the problem, and ask for the matter to be resolved informally. A manager may facilitate a conversation or a mediated meeting.

Keep notes from the start: dates, what was said or done, who was present, how it affected you. A plain note on your phone is enough. If you later need the formal route, an industrial relations referral or a solicitor, the notes will be the backbone of your account.

The formal route

If the informal route fails, or the behaviour is too serious for it, you make a formal written complaint. The Code expects:

• a written complaint, signed and dated, setting out the specific incidents;
• the person complained of to be given the complaint and a chance to respond;
• an investigation by someone impartial, which can be external, with terms of reference and a timeframe;
• both sides to be heard, to be able to be accompanied, and to see the evidence relied on;
• a written outcome, upheld or not upheld, with a right of appeal;
• confidentiality throughout, as far as the process allows.

Our letter builder drafts a formal complaint that follows the Code's shape. A strong complaint names dates and incidents; a weak one says "I have been bullied for years" and leaves the investigator to guess. The grievance procedure guide explains the meeting, the right to be accompanied and the appeal, which apply here too.

If the complaint is upheld, the employer should act under its disciplinary procedure, but you will not usually be told what sanction the other person received. If it is not upheld, you can appeal, and the other routes below remain open.

Your employer's duty and the HSA

Your employer must identify bullying as a hazard, have a policy and procedure that follow the Code, and act when a complaint is made. The HSA publishes the Code and guidance for employees, and you can contact it where the employer has no procedure at all. The HSA does not investigate individual complaints; it looks at whether the employer has the systems in place.

If there is no policy, ask for one in writing and keep the reply. The absence of a procedure is itself something the WRC and the courts note.

When the procedure fails: the four routes

Because there is no free-standing claim, the routes are these.

An industrial relations dispute

You can refer the matter to the WRC under the Industrial Relations Acts. An adjudicator hears both sides and issues a recommendation, which is not legally binding and does not carry an award in the way an unfair dismissal decision does. It is a useful route where the employer has not followed its own procedure, and a union official will often take it on your behalf.

A personal injury claim

Where bullying has caused a recognised injury, usually a psychiatric injury diagnosed by a doctor, you can bring a personal injury claim in the courts. The threshold is high: you need to show the injury, that it was reasonably foreseeable, and that the employer's failure caused it. These cases take years and need a solicitor.

Constructive dismissal

Where the bullying and the employer's failure to deal with it make it impossible to stay, you can resign and claim constructive dismissal at the WRC under the Unfair Dismissals Acts 1977 to 2015. The burden is on you to show that resigning was reasonable, and the WRC expects you to have used the grievance or bullying procedure first unless that was itself impossible. Resigning before the procedure has run its course is the most common reason these claims fail. Read constructive dismissal before you decide anything.

Harassment under the Equality Acts

If the behaviour is linked to one of the nine grounds, it is harassment and you can complain under the Employment Equality Acts 1998 to 2015 within six months, with compensation of up to 104 weeks' pay. That is the one route that carries a real award without your having to leave.

Compensation, honestly

People search "bullying at work ireland compensation" and the answer depends entirely on the route.

Our awards register lists reported WRC decisions by Act so you can see what adjudicators have given in constructive dismissal and harassment cases. There is no tariff for bullying, and the "cases" people search for turn on their own facts.

Looking after yourself

Bullying that goes on for months affects sleep, confidence and health. See your GP if it is affecting you; a certified absence is sick leave, and stress leave and mental health at work explains the pay and the return. If things feel unmanageable, Samaritans are on 116 123 at any hour, free of charge.

Where this leaves you

Use the letter builder to draft a formal complaint that names dates, incidents and the outcome you want. If you are in a union, ring them first: a union official will know your employer's procedure and can sit with you at every meeting (find your union). If you are thinking of resigning, or the bullying has made you ill, speak to a solicitor before you do anything (find a solicitor).