Con\u00adflicts bet\u00adween col\u00adle\u00adagues are part and par\u00adcel of ever\u00ady\u00adday working life. But at what point does a dis\u00adpu\u00adte beco\u00adme actu\u00adal bul\u00adly\u00ading, and what obli\u00adga\u00adti\u00adons does an employ\u00ader have when they beco\u00adme awa\u00adre of it? An over\u00adview of the legal situation.<\/p>\n
Bul\u00adly\u00ading is not a term defi\u00adned by law, nor does it con\u00adsti\u00adtu\u00adte an inde\u00adpen\u00addent basis for a cla\u00adim in court. The Fede\u00adral Labour Court (BAG) descri\u00adbes bul\u00adly\u00ading as the sys\u00adte\u00adma\u00adtic hosti\u00adli\u00adty, harass\u00adment or dis\u00adcri\u00admi\u00adna\u00adti\u00adon against employees by col\u00adle\u00adagues or supe\u00adri\u00adors. In 2018, the Court of Jus\u00adti\u00adce of the Euro\u00adpean Uni\u00adon cla\u00adri\u00adfied that the con\u00adduct in ques\u00adti\u00adon must be impro\u00adper and must occur repea\u00adted\u00adly or sys\u00adte\u00adma\u00adti\u00adcal\u00adly over a pro\u00adlon\u00adged period.<\/p>\n
The key word here is \u2018sys\u00adte\u00adma\u00adtic\u2019. One-off con\u00adflicts, an occa\u00adsio\u00adnal\u00adly harsh tone or an uncom\u00adfor\u00adta\u00adble ins\u00adtruc\u00adtion from a line mana\u00adger are gene\u00adral\u00adly not suf\u00adfi\u00adci\u00adent to con\u00adsti\u00adtu\u00adte bul\u00adly\u00ading. In a recent case, the Mann\u00adheim Labour Court cla\u00adri\u00adfied that con\u00adflicts in the work\u00adplace are ine\u00advi\u00adta\u00adble and that not every ins\u00adtance of inter\u00adper\u00adso\u00adnal ten\u00adsi\u00adon should auto\u00adma\u00adti\u00adcal\u00adly be clas\u00adsi\u00adfied as work\u00adplace bul\u00adly\u00ading. The court drew the line at acts of inti\u00admi\u00adda\u00adti\u00adon, hosti\u00adli\u00adty and humiliation.<\/p>\n
As soon as an employ\u00ader recei\u00adves con\u00adcre\u00adte evi\u00addence of work\u00adplace bul\u00adly\u00ading, they are obli\u00adged to take action. This is based on their duty of care under the employ\u00adment con\u00adtract and the pro\u00adtec\u00adtion of employees\u2019 per\u00adso\u00adnal rights. The Schles\u00adwig-Hol\u00adstein Regio\u00adnal Labour Court has recent\u00adly reaf\u00adfirm\u00aded this principle.<\/p>\n
Depen\u00adding on the seve\u00adri\u00adty of the case, the employ\u00ader has various opti\u00adons at their dis\u00adpo\u00adsal. In prac\u00adti\u00adce, the step-by-step plan works as follows:<\/p>\n
If the employ\u00ader takes no action despi\u00adte being awa\u00adre of the situa\u00adti\u00adon, they are brea\u00adching their duty of care. This can pro\u00adve costly.<\/p>\n
In such cases, vic\u00adtims of work\u00adplace bul\u00adly\u00ading may cla\u00adim both dama\u00adges and com\u00adpen\u00adsa\u00adti\u00adon for pain and suf\u00adfe\u00adring. Claims for dama\u00adges may ari\u00adse from the employ\u00adment con\u00adtract its\u00adelf, but also from the law of tort. If a line mana\u00adger enga\u00adges in bul\u00adly\u00ading beha\u00adviour, this con\u00adduct is often attri\u00adbu\u00adted direct\u00adly to the employer.<\/p>\n
If the Gene\u00adral Equal Tre\u00adat\u00adment Act (AGG) comes into play becau\u00adse the bul\u00adly\u00ading is lin\u00adked to a pro\u00adtec\u00adted cha\u00adrac\u00adte\u00adristic \u2013 such as age, eth\u00adnic ori\u00adgin, a disa\u00adbi\u00adli\u00adty or sexu\u00adal iden\u00adti\u00adty \u2013 addi\u00adtio\u00adnal duties of care and grounds for claims app\u00adly. Howe\u00adver, the AGG does not cover every form of bul\u00adly\u00ading, but only dis\u00adcri\u00admi\u00adna\u00adti\u00adon on the grounds of the cha\u00adrac\u00adte\u00adristics express\u00adly mentioned.<\/p>\n
In prac\u00adti\u00adce, many claims fail becau\u00adse the facts of the case are not set out pre\u00adcis\u00ade\u00adly enough in court or becau\u00adse the defi\u00adni\u00adti\u00adon has been inter\u00adpre\u00adted too broad\u00adly. For exam\u00adp\u00adle, an unlawful dis\u00admis\u00adsal does not in its\u00adelf con\u00adsti\u00adtu\u00adte an act of work\u00adplace bul\u00adly\u00ading. Nor are ins\u00adtruc\u00adtions issued by the employ\u00ader within the scope of their mana\u00adge\u00adri\u00adal aut\u00adho\u00adri\u00adty gene\u00adral\u00adly regard\u00aded as work\u00adplace bul\u00adly\u00ading, pro\u00advi\u00added they are not mani\u00adfest\u00adly arbi\u00adtra\u00adry or vexatious.<\/p>\n
Employ\u00aders must take com\u00adplaints about bul\u00adly\u00ading serious\u00adly, docu\u00adment them and respond prompt\u00adly. Tho\u00adse who turn a blind eye risk lia\u00adbi\u00adli\u00adty claims. For tho\u00adse affec\u00adted: record inci\u00addents in wri\u00adting as accu\u00adra\u00adte\u00adly and prompt\u00adly as pos\u00adsi\u00adble, inclu\u00adding the date, tho\u00adse invol\u00adved and a detail\u00aded descrip\u00adti\u00adon of what hap\u00adpen\u00aded. In the event of a dis\u00adpu\u00adte, it is advi\u00adsa\u00adble to seek legal advice, as the hurd\u00adles in court are high.<\/p>\n