As reported in Health & Safety Review, a leading law lecturer (Ursula Connolly of NUI Galway) has called for a directive to provide protection against bullying and psychological harassment throughout the EU.
Speaking at a recent conference Ms. Connolly said there is a need for “a legally enforceable remedy to deal with bullying” in workplaces and that in the future health and safety must deal with mental harm. Citing surveys carried out by the ERSI (Economic and Social Research Council), which showed an increase in exposure to bullying from 2001 to 2007, she said there is a need for legislation.
Currently workers seeking legal remedies for work-related bullying have five options for pursuing a claim:
- Unfair Dismissals Act 1977 (as amended)
- Industrial Relations Act
- Safety, Health and Welfare at Work Act 2005: employers must take action to prevent improper conduct
- Codes of Practice on Bullying and Harassment at Work 2007
- Or a negligence action, which requires proof of a medically-recognised psychiatric illness and causative link.
Looking at European legislation, Ms Connolly mentioned that while article 5.1 of the OSH Framework Directive (89/391/EC) places a duty on every employer to ensure the safety and health of workers in every aspect related to work, there is “no specific reference to bullying”. Expressing the opinion that a directive is required, Ms Connolly called on OSH practitioners and others to respond to the European Commission consultation on an OSH framework or strategy by submitting a call for the adoption of a workplace bullying prevention directive.
