“My boss is picking on me!”
- Does your boss put you down in meetings?
- Do they keep giving you a heavier workload than everyone else?
- Have they spread malicious rumours about you?
- Have they put humiliating, offensive or threatening comments or photos on social media?
- Have they asked you to leave?
Your employer has a legal duty of care to protect you while you’re at work. All employees should be treated the same, and the law protects you if your boss is picking on you. You’re covered at work and in work-related situations, whether:
- It’s a regular pattern of behaviour
- It’s a one-off incident
- It happens face-to-face
- It happens on social media, in emails or calls
- It’s not obvious or noticed by others
Are you being bullied by your boss?
There’s no legal definition of bullying, but you’ll know if you’re experiencing unwanted behaviour from your boss that undermines you, humiliates you, or even causes you physical or emotional harm.
Anything your boss does that is offensive, intimidating, malicious or insulting is an abuse or misuse of power, and you have the right to do something about it.
Are you being bullied by someone else?
- Is your authority being undermined by someone at the same or more junior level?
- Is a colleague showing you continued disrespect?
- Is a member of your staff refusing to complete tasks?
- Is someone spreading nasty rumours about you?
- Is someone saying or doing things that make you seem unskilled or unable to do your job properly?
If yes, it counts as ‘upward bullying’, and it’s just as wrong. Again, you’re protected by the law.
Are you being harassed or discriminated against?
You might have a case for harassment or discrimination if the bullying is about any of the following ‘protected characteristics’ under the Equality Act 2010:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Has your boss offered you a settlement agreement to leave?
If you’re the only employee who’s been offered a settlement agreement to leave, you might feel shocked, hurt and upset, and believe that your boss is picking on you.
If you’ve been offered a settlement agreement by your employer, you have three options:
- Accept it as is (we don’t often advise that)
- Negotiate for better terms (that’s what we usually recommend)
- Refuse it and take your employer to the employment tribunal (this can be a long, stressful and risky option)
As employment lawyers who only ever support employees, never employers, we can help. Give us a call to discuss your situation, and we’ll tell you what to do.
What to do if your boss is picking on you
Keep a written record of:
- Dates and times when your boss picked on you
- Any evidence, for example emails or screenshots of social media posts
- Any witnesses
- How their behaviour made you feel
Check your staff handbook to see the company’s policy on bullying.
Get support from another manager, someone in HR, a counsellor, or your trade union or staff representative.
Try talking to your boss. If you don’t feel comfortable about talking to them, try sending an email. Explain how their behaviour makes you feel. Stay calm, and stick to the facts.
Ask us to help. We are specialist employment lawyers with years of experience in dealing with this kind of situation.
If the bullying is so severe that you feel compelled to resign, you may have a case for constructive dismissal. However, these cases can be hard to win, so it’s wise to talk to us first. We will advise you about the best course of action.
What might you win?
If you’ve been offered a settlement agreement, look at your employment contract and check the notice period you’re entitled to. Regardless of what your employment contract says, if you’ve worked there for more than two years, you are entitled to a minimum of one week’s notice for each complete year up to a maximum of 12 weeks.
If you’re bringing a discrimination claim, it doesn’t matter how long you’ve worked there. You might be able to bring a claim against your manager themselves, as well as your employer. You can claim for the upset which your boss has caused you (“injury to feelings”) and there is no cap on the amount of compensation which you might be awarded.
If your boss is picking on you because you’ve ‘blown the whistle’ on a health and safety matter, or complained that your employer has breached their legal obligations, there is no cap on the compensation you could win.
If your boss has picked on you just because they have taken against you, you might have a claim for ordinary unfair dismissal (assuming that you have worked there for long enough to be eligible for that).
Related reading
If you’re in this situation, you might find our related articles useful:
- Can my boss insist I get vaccinated?
- I’ve been harassed by my boss
- I’m overworked. Can I make a claim?
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