Bullying in the workplace lawyer

Workplace bullying refers to repeated, unreasonable, and hostile behavior directed at an employee or group of employees, creating a risk to their health and safety. It can include verbal abuse, intimidation, exclusion, or manipulation, often aimed at undermining or controlling the victim.

Key characteristics of workplace bullying include:

• Persistent criticism, insults, or humiliation
• Sabotaging someone’s work or reputation
• Withholding information needed to perform tasks
• Isolating or excluding an individual from activities
• Threatening job security or career progression

Bullying can occur between colleagues, supervisors, or even subordinates, and can cause significant emotional, mental, and physical harm to the victim.

Yes!

Psychological and emotional abuse is a step before physical abuse.

This is why you must talk to health carers or professionals, close relatives or friends before it’s too late.

• Physical abuse: physical abuse involves causing injuries or traumas such as bruises, broken bones, burns, cuts and is not accidental.
• Sexual abuse: it’s when an individual is coerced or physically forced to engage against their will or touches another person sexually without their consent: rapes, sexual harassment, ….
• Economic abuse: economic abuse involves the control of money and finances and things that money can buy. Perpetrators of economic abuse can control how you acquire or spend money, exploit incomes including food, clothing, accommodation.

The precise definition in French law offers clear criteria for legal action, making it easier for victims to file claims. In contrast, the absence of a clear definition in common law systems often requires victims to categorize bullying under broader legal frameworks, which can complicate their cases.

In France, the legal recognition of bullying encourages companies to implement preventative measures and create a respectful work environment.

In common law jurisdictions, the less explicit recognition can lead to variations in how seriously different organizations address workplace bullying.

While the French definition is precise, it may overlook subtle forms of bullying that do not meet the criteria of repetition or intentionality.

In common law systems, the broader categories can encompass various behaviours, but the lack of specificity may leave some bullying behaviours unaddressed.

In French law, once an employee provides evidence suggesting bullying, the burden shifts to the employer to prove that the behaviour in question was not bullying or was justified.

This shared burden of proof aims to protect employees who may struggle to gather evidence against their employers.

In common law systems, the burden of proof typically rests heavily on the employee.

The victim must provide clear evidence that the bullying occurred and that it meets the legal criteria for any claims they are pursuing, such as discrimination or constructive dismissal.

Employees may struggle to obtain evidence, especially if the bullying is subtle, happens in private, or involves intimidation from superiors.

In common law systems, where the burden of proof is higher, this can be a significant barrier to justice.

In France, evidence can include witness statements, medical reports, and documentation of the alleged bullying.

Common law systems may require more comprehensive evidence, such as detailed records, corroborating testimonies, and, in some cases, expert witness analysis.

French labour courts are specialised in handling workplace disputes, making them more accessible and streamlined for employees.

In common law countries, workplace bullying cases may need to go through civil courts or specialised employment tribunals, which can be more adversarial and time-consuming.

The more accessible and specialised nature of French labour courts generally increases the chances of a successful outcome for employees.

In common law jurisdictions, the complexity and adversarial nature of proceedings can make success less certain, especially for those without legal representation.