Workplace Mobbing Compensation in the UK
Updated: 3 hours ago
In many workplaces, workplace mobbing is a growing concern. It harms employee well-being, morale and mental health. Mobbing means a group of people targeting one employee, and it can cause severe distress. As awareness grows, so do the options for mobbing compensation for victims.
"Mobbing" is not a legal term in the UK. Courts and tribunals look at the behaviour under other laws, such as harassment and discrimination law. This guide explains how those laws can help.
What is workplace mobbing?
Definition and examples
Workplace mobbing happens when several colleagues, or a group, bully, exclude or harass a fellow employee in a planned way. This is different from a single incident of bullying. Examples include:
Constant, unfair criticism.
Social isolation or being left out of meetings.
Spreading rumours to damage a colleague's reputation.
Psychological impact
Mobbing can have long-lasting effects on mental health. These include anxiety, depression and stress-related conditions. Many countries now have laws to protect employees from this kind of abuse.
Why is workplace mobbing a legal concern?
Duty of care: employers have a legal duty to provide a safe working environment. Failing to deal with mobbing could be grounds for legal action.
Equality Act 2010: the Act protects workers from harassment related to a protected characteristic, such as sex, race or disability. See section 26 of the Equality Act 2010.
Protection from Harassment Act 1997: this Act covers a course of conduct that amounts to harassment. In Majrowski v Guy's and St Thomas's NHS Trust, the House of Lords considered this Act. It held that an employer can be liable for a worker's harassment of a colleague.
Claims for mental injury: in Walker v Northumberland County Council, an employee succeeded against his employer in negligence for psychiatric harm caused by work pressure. The case shows that courts take mental health claims at work seriously.
Steps to take if you face workplace mobbing
Document incidents. Keep detailed records. Note dates, times and the people involved. Save emails and messages.
Report it internally. Many policies require you to report to HR first. Check your employee handbook for the procedure, and consider raising a formal grievance.
Seek legal advice. If internal steps fail, legal advice can explain your options for mobbing compensation and other protection under employment law.
Evidence that helps a mobbing claim
Mobbing is often a pattern of small acts rather than one big event. Good evidence shows that pattern clearly. Useful evidence includes:
a diary written at the time, with dates, what was said and who was there
emails, chat messages and texts, saved outside your work systems where you are allowed to
names of colleagues who saw what happened
copies of any grievance, and your employer's replies
GP or counselling records and fit notes, if your health has suffered
sickness absence and pay records
Keep copies somewhere safe. If you leave or are signed off, you may lose access to work emails and files.
Understanding mobbing compensation
Types of compensation available
Victims may be able to claim compensation for:
Emotional distress: damages for stress, anxiety and the effect on mental health. In a discrimination claim, this is often called injury to feelings.
Lost earnings: pay lost because of time off, or because you left your job.
Legal costs: in some cases, a tribunal or court may order some costs to be paid.
Legal routes to a claim
The right route depends on what happened:
Employment tribunal: for harassment linked to a protected characteristic, or for constructive dismissal if you resigned because of how you were treated.
County court or High Court: for a claim under the Protection from Harassment Act 1997, or for a personal injury claim for psychiatric harm.
Time limits are short. Most tribunal claims must be brought within three months less one day. You must usually contact Acas for early conciliation first. You can read about the Employment Tribunal process on GOV.UK.
What if the mobbing is not linked to a protected characteristic?
Bullying on its own is not a stand-alone tribunal claim. If it is not related to a protected characteristic, other routes may still help. If you resigned, you may have a constructive dismissal claim, which usually needs two years' service. A claim under the Protection from Harassment Act 1997 can be brought in the civil courts. A claim for psychiatric injury caused by negligence is another option. Court claims have their own time limits, so take advice early.
Key case examples
Majrowski v Guy's and St Thomas's NHS Trust: this case set a key precedent. It confirmed that an employer can be liable for harassment by its staff under the 1997 Act.
Walker v Northumberland County Council: this case shows that an employer can be liable in negligence for psychiatric harm caused by work.
Common mistakes to avoid
Waiting too long to raise a grievance or take advice.
Resigning in anger before checking whether you have a claim.
Relying on memory instead of written records.
Missing the tribunal time limit while an internal process drags on.
Related guides
You may also find these guides helpful: workplace bullying and constructive dismissal, workplace mental health claims and constructive dismissal claims.
How we can help
If you are facing workplace mobbing, knowing your rights can help you take action. Keep records, follow your workplace procedures and speak to a lawyer if you need to. That way you can protect yourself and may be able to secure compensation.
CANKO Law Firm is here to help victims of mobbing understand their rights and seek justice against workplace harassment.
