Bullying At Work

This week (the week from Monday 16^th November 2020 until the 20^th November 2020) is anti-bullying week – a week meant to raise awareness against prejudice and bullying not only in schools but also at the workplace and cyber-bullying.

Maltese employment law does not deal directly with bullying but with harassment, and this in connection with discriminatory treatment or with sexual harassment. Does this mean that unless there is discrimination involved, the employer is not bound to protect employees from bullying at work?

The Advisory, Conciliation and Arbitration Service ('ACAS') in the UK defines bullying as behaviour from a person or a group directed towards another person, which is unwanted, and makes that person feel uncomfortable. Under Maltese law, when that behaviour is about any of the 'protected characteristics (i.e. religion, religious belief, disability, age, sex, sexual orientation and racial or ethnic origin), then it can be considered as