Workplace Bullying Complaint (Ireland)

A Workplace Bullying Complaint in Ireland sets out a party's position in an employment dispute and the terms or evidence on which it relies, and takes its legal force from the Employment Equality Acts 1998-2015.

The legal framework for addressing workplace bullying in Ireland is primarily established by the Safety, Health and Welfare at Work Act 2005 and the HSA Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (2021). The 2021 Code of Practice was prepared jointly by the Health and Safety Authority (HSA) and the Workplace Relations Commission (WRC) under Section 60 of the Safety, Health and Welfare at Work Act 2005, came into effect on 23 December 2020, and replaced both the HSA's 2007 Code of Practice and the Labour Relations Commission's 2002 Code of Practice Detailing Procedures for Addressing Bullying in the Workplace. The 2021 Code introduced a new second informal filter stage — a problem-solving approach to address troubled working relationships where bullying is alleged before proceeding to formal investigation — and provides updated guidance on investigation procedures and the rights of parties during those procedures.

Under Section 8 of the Safety, Health and Welfare at Work Act 2005, every employer has a duty to confirm, so far as is reasonably practicable, the safety, health, and welfare at work of all employees. This includes actively managing the risk of workplace bullying. The employer is required to have a written anti-bullying policy, to make all employees aware of the policy, to appoint designated persons to whom complaints can be made, and to investigate and address any complaints of bullying that are raised in a timely and confidential manner.

The Employment Equality Acts 1998–2015 are also relevant where the bullying is connected to a protected ground — specifically gender, civil status, family status, sexual orientation, religion, age, disability, race, or membership of the Traveller community — in which case the repeated inappropriate behaviour may constitute harassment or sexual harassment as defined under those Acts. Where the behaviour constitutes harassment on a protected ground, the employee has an additional avenue of redress by way of a complaint to the Workplace Relations Commission (WRC) under the Employment Equality Acts, in addition to or instead of pursuing the matter under the employer's internal anti-bullying procedure.

The formal bullying complaint is the mechanism through which an employee brings the alleged bullying to the employer's attention in a structured and documented manner, enabling the employer to investigate and take appropriate action. A well-prepared written complaint sets out the specific incidents of alleged bullying with dates, times, locations, witnesses, and descriptions of what occurred, forming the basis for a fair and thorough investigation. Where an employer fails to properly investigate a formal complaint, the employee may be entitled to bring a claim for constructive dismissal to the WRC under the Unfair Dismissals Acts 1977–2015, or a claim for personal injury arising from workplace stress to the Circuit Court or the High Court. The Workplace Relations Commission's Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000) also sets out the procedural standards that employers are required to follow when dealing with workplace complaints, including complaints of bullying. The Code of Practice on Grievance and Disciplinary Procedures requires that employees be permitted to be accompanied by a trade union representative or a colleague at any meeting forming part of the grievance or investigation process, and that the outcome of the process be communicated to the employee in writing within a reasonable time. Where an employer fails to follow these procedures, the WRC may take the employer's failure into account when assessing any award of compensation in subsequent proceedings. Employees considering submitting a formal complaint should be aware that the HSA Code of Practice (2021) strongly encourages the use of informal resolution as a first step and that the WRC may ask whether informal resolution was attempted before the complaint was escalated. Documenting the informal steps taken — including the date and nature of any conversations, the response received, and the reasons why informal resolution was not effective — strengthens the formal complaint and demonstrates that the complainant acted reasonably in escalating the matter.

An Irish Workplace Bullying Complaint is needed whenever an employee wishes to make a formal complaint of workplace bullying to their employer after the informal resolution stage has been attempted or is not appropriate in the circumstances.

You need a Workplace Bullying Complaint when you are: experiencing repeated inappropriate behaviour — such as persistent unwarranted criticism, humiliation, exclusion, intimidation, or unreasonable work demands — that undermines your dignity at work; experiencing behaviour that has not been resolved through informal channels, including a direct conversation with the alleged bully, engagement with a trusted colleague, or intervention by a designated contact person; experiencing bullying behaviour that is too serious or persistent for an informal approach, such as threats to your physical safety, sustained intimidation over a prolonged period, or behaviour involving multiple perpetrators; submitting a formal complaint in accordance with the employer's written anti-bullying policy, as the first step of the formal investigation stage recommended by the HSA Code of Practice (2021); or creating a documented written record of the bullying behaviour and its impact on your health, wellbeing, and ability to perform your duties, which will be essential if you later need to bring a claim to the Workplace Relations Commission (WRC) or pursue a personal injury claim in the courts.

The complaint should be submitted in writing to the person or department identified in the employer's anti-bullying policy — typically the HR manager, a designated senior manager, or a named HR contact. If the employer does not have a written anti-bullying policy, or if the person to whom complaints should be directed is themselves the alleged bully, the complaint should be submitted to a more senior manager, the HR department, or the employee's trade union representative. Under the HSA Code of Practice, an employer who receives a formal complaint is obliged to appoint an impartial investigator and to conduct a thorough investigation in accordance with the principles of natural justice and fair procedures within a reasonable timeframe. Maintaining a contemporaneous diary or log of incidents — recording the date, time, location, what was said or done, and who was present — is strongly recommended before and during the formal complaint process, as this evidence can be crucial in supporting the complaint during investigation or in subsequent WRC proceedings. Employees who are members of a trade union should contact their union representative at the earliest stage, as the union can provide advice, support, and representation throughout the formal complaint and investigation process. Non-unionised employees may seek advice from FLAC (Free Legal Advice Centres) or from a solicitor specialising in employment law.

A thorough Irish Workplace Bullying Complaint should contain several essential elements to enable the employer to conduct a fair and thorough investigation in accordance with the HSA Code of Practice (2021) and the principles of natural justice.

The complainant details section should provide the employee's full name, job title, department, workplace location, and contact details, including an email address and telephone number at which the employee can be contacted confidentially during the investigation process.

The respondent details section should clearly identify the person or persons against whom the complaint is being made, including their full name, job title, department, and reporting relationship to the complainant. Where the complaint involves multiple respondents, each should be identified separately.

The description of behaviour section is the core of the complaint. It should describe the bullying behaviour in precise detail, organising incidents in chronological order. For each incident, the complainant should record the date, time, location (for example, in a meeting room, on a telephone call, by email, or in a common work area), the specific conduct or words used by the respondent, and the context in which the incident occurred. The description should be factual and specific, avoiding generalised or emotive language. The HSA Code of Practice defines bullying as repeated inappropriate behaviour — the complaint must therefore identify a pattern of behaviour rather than a single isolated incident.

The witnesses section should identify any colleagues, managers, clients, or other persons who witnessed any of the incidents described, including their name, job title, and department. Witnesses need not have been the direct target of the behaviour — they may have observed the conduct as bystanders. Their details will be provided to the investigator who may choose to interview them as part of the investigation.

The impact section should describe the effect of the bullying on the complainant's health and wellbeing, including any physical symptoms (such as sleep disturbance, anxiety, or stress-related illness), any impact on the complainant's ability to perform their duties or attend work, and any medical treatment sought. Where the complainant has consulted a General Practitioner (GP) or a specialist, this should be noted, and any medical reports or GP letters supporting the complaint may be attached as supporting evidence.

The previous steps section should describe any informal steps already taken to resolve the matter, including the date and nature of any conversation with the respondent, any involvement of a trade union representative, any engagement with a designated contact person or line manager, and the outcome of those steps, including why the informal approach was unsuccessful or not appropriate.

The supporting evidence section should list any documentary evidence that supports the complaint, such as emails, text messages, instant messages, notes of meetings, records of telephone calls, written assessments or appraisals, or medical reports. Copies of this evidence should be attached to the complaint where possible.

The outcome sought section should state clearly what the complainant is seeking as a result of the investigation, such as the cessation of the bullying behaviour, a formal investigation, changes to working arrangements (such as a change of reporting line or work location), a formal apology, or disciplinary action against the respondent.

The complaint should be signed and dated by the complainant. Submitting the complaint in writing creates a formal record that triggers the employer's obligation to investigate under Section 8 of the Safety, Health and Welfare at Work Act 2005 and the HSA Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (2021), and establishes the starting point for any subsequent Workplace Relations Commission (WRC) proceedings if the internal process fails to resolve the matter.

The remedies and escalation clause should inform the complainant of the avenues available if the internal process is exhausted without resolution: a complaint to the Workplace Relations Commission (WRC) at Tom Johnson House, Haddington Road, Dublin 4 under section 27 of the Safety, Health and Welfare at Work Act 2005 (for failure to provide a safe workplace); a complaint under the Employment Equality Acts 1998–2015 where the bullying constitutes harassment or sexual harassment on a protected ground; a claim for constructive dismissal under the Unfair Dismissals Acts 1977–2015 where the employer's failure to address the bullying made continued employment unreasonable; or a personal injury claim before the Circuit Court or the High Court of Ireland where the bullying has caused a recognised psychiatric illness. The Health and Safety Authority (HSA) at The Metropolitan Building, James Joyce Street, Dublin 1 enforces the Safety, Health and Welfare at Work Act 2005 and can investigate complaints about employers who fail to manage workplace bullying risks under Section 8. The Labour Court of Ireland hears appeals from WRC decisions under the Employment Equality Acts 1998–2015. The Data Protection Act 2018 and GDPR Article 9 govern processing of special categories of personal data — including health data — that may be contained in or generated by the investigation process. The forms-legal.com Workplace Bullying Complaint (Ireland) template covers the mandatory elements under the Safety, Health and Welfare at Work Act 2005 and the Employment Equality Acts 1998–2015.