Employers and staff have been urged to report bullies in the workplace to the police so they can be prosecuted under existing criminal law rather than wait for specific anti-bullying legislation.
Unions and charities have called for stronger legal protection for victims of workplace bullying, but Stephen Levinson, a partner at Manches, said there were a number of legal remedies already in existence.
He said people using harassment involving abusive or threatening behaviour could be prosecuted under the Public Order Act, which carries a maximum six-month prison sentence.
Other activities used widely by office bullies, such as sending offensive letters or e-mails, could be tackled under the Malicious Communications Act 1988.
There are also remedies under health and safety laws and the Protection from Harassment Act 1997.
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“Some of the most common forms of bullying are also criminal offences under a variety of laws. Employers may be liable if they don’t take effective steps to protect their staff,” said Levinson.
But he admitted that the current legal position was unsatisfactory.
