Labour Research January 2004

Law Queries

Bullying and harassment

One of our managers bullies and harasses staff, using abusive and threatening language. He says that we just have to put up with it as he is only being expressive and that this is all part of the culture of the office. Is there anything we can do about it?

An employer who uses abusive language to bully an employee can be said to be in breach of contract. In a recent High Court case, a senior manager resigned as a result of his boss's continual use of abusive and threatening language against him. The court said that threats of dismissal should never be used to intimidate nor should they be issued in intemperate language. The way that the employee was treated amounted to a breach of the implied term of trust and confidence, giving a right to sue for wrongful dismissal.

* More information: Horkulak v Cantor Fitzgerald International [2003] IRLR 756