Workplace Bullying - You Can Do It!

Bullying in the workplace can arise for various reasons – for example, from a disagreement, envy, or differing corporate cultures. In any case, however, it is unjustified and can cause significant psychological distress. According to studies, approximately 30 percent of employees have already experienced workplace bullying. In this Deskspace blog article, we'll look at when bullying starts and what you can and must do about it!

Tip: In addition to workplace bullying, there are many other legal aspects related to your job. For example, a dog in the office can also become a point of contention. In the Deskspace blogs, you'll find an interesting article on this topic and many other guides!

What is workplace bullying?

Before we look at what you can do specifically if you are affected by workplace bullying, we will explain what bullying actually is and how you can tell if you are affected. Workplace bullying refers to a conflict-ridden situation among colleagues or between employees and superiors. Usually, one person is subjected to or attacked and mistreated by several other people.

Bullying is not a one-time argument or disagreement; it always occurs over a longer period. Typically, the bullied person is systematically excluded and often ignored during this time. The goal of bullying is either to change that person's opinion or to expel them from the group/company. Furthermore, the attacked person is intended to suffer from this discrimination in workplace bullying.

Workplace bullying has these consequences for the affected person, among others:

• Increased stress levels
• Psychological burdens
• Reduced work performance
• Bad mood/sadness
• In extreme cases, illnesses such as depression and burnout

Even for the employer, bullying within the staff only has negative consequences. In the worst case, the only way out for the affected person is to terminate their employment, which also harms the company and costs money. Therefore, it is important to take immediate countermeasures against workplace bullying and to ban the bullies from the company or at least give them a warning.

What you, as an affected person, can do in a specific case will be discussed in the next paragraphs!

What can I do in cases of workplace bullying?

When it comes to workplace bullying, the motto is always to act as quickly as possible to clarify the situation. As an affected person or someone witnessing bullying, you have several options through various channels. In many cases, a conversation between the two affected parties can already help clarify the situation – because bullies are not always aware of the harm they are causing.

As an affected person, you also have the right to complain. You always have the right to demand that harassment and problems caused by your colleagues cease. Furthermore, in cases of workplace bullying, you can also claim damages and compensation for pain and suffering.

Important: In cases of workplace bullying, the burden of proof always lies with you as the affected person. It is best to inform your employer as early as possible so that they can keep an eye on the situation.

These are the options you have to defend yourself against workplace bullying:

• The right to complain
• The right to refuse performance
• Claims for injunctions and removal
• Extraordinary termination
• Conclusion of a termination agreement

As an employee in a private company, you always have the right to complain. If you feel unfairly treated, excluded, or bullied, you can contact your supervisor directly. They must address the complaint. If the complaint remains unsuccessful, you can also contact your employer directly. However, there are no specific deadlines for action here. In companies with a works council, they must address the complaint.

Withholding services, termination, and more – am I allowed to do that in cases of workplace bullying?

Should your employer or supervisor have done nothing to address workplace bullying despite being notified, then there are some other things you can do. However, it is important not to take hasty steps and, if in doubt, always clarify everything with an employment lawyer.

Tip: We always recommend documenting the bullying as thoroughly as possible; ideally, keep a kind of diary. Write down what incident occurred, when it happened, and whether there are witnesses or evidence. You can also attach photos or similar, but be mindful of your employer's regulations and personal rights. When in doubt, you, as the affected person, must always prove the workplace bullying, ensuring you are on the safe side.

In individual cases, you as an employee may have a right to withhold your work performance if the employer does nothing to address workplace bullying. In such a case, you are not obligated to continue exposing yourself to the harassment of your colleagues or superiors. However, you should definitely clarify this step with an employment lawyer beforehand so that you do not have to fear any consequences.

The next step to staying away from work, if countermeasures continue to be lacking, would be extraordinary termination – however, you must have raised the problem with your employer several times before that. Should you have suffered health damage due to the bullying, for example, in psychological form, then you may also be able to assert claims against your employer – but this is always a case-by-case decision.

Conclusion: What to do in cases of workplace bullying?

If you notice that you or one of your colleagues is experiencing workplace bullying, you must act as quickly as possible. Document everything as thoroughly as you can and talk to the affected individuals. If there is a works council, you should approach them first. Usually, most conflicts at work can be resolved quite quickly this way, but in individual cases, tougher measures may be necessary.

Generally, however, when it comes to workplace bullying: don't waste time and get out of the situation as quickly as possible!

Tip: In the Deskspace blogs, you'll find numerous other articles on the topic of work and the office; feel free to take a look!