If you have developed a recognised psychiatric injury such as clinical depression, anxiety disorder or PTSD as a result of workplace bullying in the UK, you may be able to claim compensation from your employer. Employers have a duty to provide a safe working environment, and systematic bullying that causes foreseeable psychiatric harm is a breach of that duty. Separate routes may exist through the Equality Act 2010 if the bullying relates to a protected characteristic. You normally have three years for a personal injury claim.
Workplace bullying can destroy careers, relationships and mental health. Unlike a single workplace accident, bullying is a pattern of behaviour that grinds a person down over weeks, months or years. When it causes a recognised psychiatric injury, it is a form of personal injury that can be compensated. This guide explains the legal routes available and what you need to prove. This page is distinct from our guide to workplace stress claims (which concerns excessive workload) and workplace assault claims (physical violence). We are an independent information service, not a law firm.
What counts as workplace bullying?
ACAS defines workplace bullying as offensive, intimidating, malicious or insulting behaviour, or an abuse or misuse of power, that undermines, humiliates or causes physical or emotional harm. Examples include:
- Persistent unreasonable criticism, public humiliation or ridicule.
- Deliberate exclusion from meetings, communications or social activities.
- Removal of responsibilities or setting impossible deadlines designed to cause failure.
- Spreading malicious rumours or making threats.
- Blocking promotion, training or development opportunities without justification.
The behaviour must be a pattern rather than a single incident. Where it relates to a protected characteristic (age, disability, race, religion, sex, sexual orientation, gender reassignment, marriage/civil partnership, pregnancy/maternity), it constitutes harassment under the Equality Act 2010.
Legal routes
| Route | Basis | Time limit | Where |
|---|---|---|---|
| Personal injury claim | Employer negligence: failure to prevent foreseeable psychiatric harm | 3 years | County Court / High Court |
| Equality Act harassment | Unwanted conduct related to a protected characteristic | 3 months less 1 day | Employment Tribunal |
| Constructive dismissal | Fundamental breach of contract forcing resignation | 3 months less 1 day | Employment Tribunal |
Proving your case
For a personal injury claim, the Hatton v Sutherland [2002] guidelines (approved by the House of Lords in Barber v Somerset [2004]) set out the test: was the psychiatric injury reasonably foreseeable, and did the employer fail to take reasonable steps to prevent it? Key factors include whether you reported the bullying, whether the employer investigated and acted, and whether the employer had adequate anti-bullying policies and procedures.
You need a recognised psychiatric diagnosis supported by expert evidence — not just general stress or unhappiness. Common diagnoses include clinical depression, generalised anxiety disorder, adjustment disorder and PTSD. You also need to keep records: contemporaneous notes, emails, messages, dates of incidents, and records of any complaints or grievances you raised.
Compensation
General damages for psychiatric injury are assessed under the Judicial College Guidelines (17th edition, 2024), Chapter 4(A). The brackets range from modest awards for less severe conditions that resolve to significant sums for severe psychiatric damage with a very poor prognosis. Special damages cover lost earnings (which can be substantial if you have been forced out of your career), private therapy and medication costs, and other financial losses. For Employment Tribunal claims, injury to feelings is assessed on the Vento scale.
Time limits
For a personal injury claim: three years from the onset of the psychiatric injury or date of knowledge (Limitation Act 1980). For Employment Tribunal claims: three months less one day from the last act of harassment or from the date of resignation. The Tribunal time limit is very strict — seek advice immediately if you are considering this route.
It is important to document everything as events unfold. Keep a contemporaneous diary recording dates, times, locations, what was said or done, and the names of any witnesses. Save emails, text messages and other written communications. If you have raised a formal grievance, keep copies of all correspondence and the outcome. This evidence can be crucial months or years later when the claim is investigated.
Many claimants are also entitled to Employment and Support Allowance or Universal Credit if they are unable to work due to their psychiatric condition. Your solicitor can advise on how these benefits interact with a compensation claim. The Compensation Recovery Unit may recoup certain benefits from any compensation award, but this is handled as part of the settlement process.
Getting help
We are not a law firm. For a solicitor experienced in workplace bullying claims, use the Law Society “Find a Solicitor” service. ACAS provides free guidance on workplace disputes. Mind offers mental health support. Most personal injury claims run on a no-win-no-fee basis.
Frequently asked questions
Can I claim compensation for workplace bullying?
You may be able to claim if systematic bullying at work caused you to develop a recognised psychiatric injury such as clinical depression, anxiety disorder or PTSD. The claim is typically against your employer for failing to prevent or stop the bullying, not against the individual bully personally.
What counts as workplace bullying?
Bullying includes repeated intimidation, humiliation, exclusion, undermining, unreasonable criticism, removing responsibilities, spreading rumours, and setting impossible targets. It must be a pattern of behaviour rather than a single incident. Where it relates to a protected characteristic under the Equality Act 2010, it is harassment.
What is the difference between bullying and stress?
Workplace stress claims involve excessive workload or pressure without adequate support. Bullying claims involve deliberate or reckless behaviour by individuals that causes psychiatric harm. The two can overlap but have different legal frameworks.
Do I need a psychiatric diagnosis?
Yes. To claim compensation for psychiatric harm, you need a recognised clinical diagnosis from a qualified psychiatrist or psychologist. General unhappiness or feeling stressed is not enough. Common diagnoses in bullying cases include clinical depression, generalised anxiety disorder, adjustment disorder and PTSD.
What are my employer duties?
Employers have a common law duty to provide a safe system of work, which includes protecting employees from foreseeable psychiatric harm from bullying. The Hatton v Sutherland [2002] guidelines apply: was the harm reasonably foreseeable, and did the employer take reasonable steps to prevent it?
How long do I have to claim?
For a personal injury claim, three years from the date of the psychiatric injury or date of knowledge. For an Equality Act harassment claim in the Employment Tribunal, generally three months less one day from the last act of harassment. For constructive dismissal, the same three-month limit from resignation.
Can I also claim constructive dismissal?
If the bullying was so serious that it amounted to a fundamental breach of your employment contract, and you resigned in response, you may have a constructive dismissal claim in the Employment Tribunal. This is separate from the personal injury claim and has a shorter time limit.
What compensation could I receive?
For a personal injury claim, general damages for psychiatric injury are guided by the Judicial College Guidelines (17th edition, 2024), Chapter 4(A). Severe psychiatric damage can attract significant awards. Special damages cover lost earnings, treatment costs and other losses. Employment Tribunal awards for harassment include injury to feelings assessed on the Vento scale.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
- GOV.UK — courts, time limits and legal aid information
Related guides: workplace stress claims, psychological injury claims, PTSD and trauma claims, workplace assault claims, work accident claims.