Workplace bullying refers to systematic, recurring harassment (at least 2-3 times a month over 6 months) with the aim of exclusion. According to a BMAS study, 6.5% of employees feel affected - among younger employees (18-29 years) the figure is as high as 11.4%.
What is bullying in law?
Bullying is not a legal offense in its own right, but a collective term for systematic attacks in the workplace. Three criteria are decisive for legal classification: Systematic nature, repetition and the aim of exclusion.
The most common forms of bullying include
- Attacks on communication: Muzzling, constant interruption or ignoring
- Social isolation: exclusion from meetings, colleagues leave the room
- Impediment to work: withheld information, pointless or overwhelming tasks
- Psychological attacks: Humiliation, spreading rumors, calling someone a failure
It is important to distinguish this from individual conflicts: Isolated differences of opinion or an occasionally unfair superior do not count as bullying.
Legal protection in Germany
Although there is no specific anti-bullying law, four sources of law provide comprehensive protection:
- Occupational Health and Safety Act (§ 5 ArbSchG): Obliges employers to record psychological hazards and take protective measures
- General Equal Treatment Act (AGG): Applies to bullying with discriminatory characteristics
- Civil Code (§ 823): Allows compensation for damage to health
- Works Constitution Act (§§ 84-85): Obliges the works council to intervene
The duty of care under Section 618 of the German Civil Code also obliges employers to protect their employees from mental stress.
What are the consequences of bullying for those affected?
The effects of bullying are often long-term and affect three areas:
Health consequences: Physical symptoms such as headaches, gastrointestinal complaints and sleep disorders are caused by constant stress and anxiety. In the long term, chronic anxiety disorders, depression and social withdrawal can occur.
Professional consequences: Many of those affected resign themselves - often out of desperation. However, this should be checked legally, as important claims could be forfeited. Poor performance can lead to warnings or dismissal.
Economic damage: The self-assessment of the state of health deteriorates significantly, which often requires intensive therapeutic treatment.
Don't let yourself struggle with the consequences of bullying alone. A specialist employment lawyer can check your rights, assert potential claims and help you obtain appropriate compensation. Contact us - your health and your professional future are worth it.
What do employers need to do preventively?
Employers are obliged by their duty of care to take three main measures:
Structural measures: Establish written bullying agreements, anonymous reporting systems and clear behavioral guidelines. Bullying officers should act as points of contact.
Personnel development: Managers need to undergo social skills training, especially in conflict management. A study by Kiel University shows that teams without a regular feedback culture have three times higher rates of bullying.
Rapid intervention: In the event of incidents, discussions must be held within two weeks. If bullying is proven, disciplinary measures up to and including dismissal of the perpetrator are possible.
Main causes and risk factors
Organizational deficits are the main drivers of bullying:
- Management failure: Authoritarian or passive superiors facilitate 68% of bullying cases
- Structural problems: unclear responsibilities, high time pressure and frequent staff changes
- Social factors: Low employee participation and communication barriers
Work areas with high staff turnover and frequent management changes are particularly at risk.
How do victims document bullying correctly?
Complete documentation is crucial for subsequent legal claims:
Contents of the documentation: date, time, place, persons involved, wording of insults, witnesses and concrete consequences (e.g. "after incident X visit to doctor on Y").
Form of documentation: keep a bullying diary with signatures, save emails and chat messages. As a rule, 6-8 documented incidents are required for labor court complaints.
Intervention strategies: The step-by-step plan
Intervention requires a systematic step-by-step plan:
Stage 1: Direct conversation with the bully (only if safety is guaranteed)
Stage 2: Involvement of the works council or HR department, mediation if necessary
Stage 3: Disciplinary proceedings - if proven, the offender may be dismissed
Aftercare: reintegration management for those affected in accordance with Section 167 SGB IX
Practical example: At Deutsche Bank, a four-stage early warning system reduced cases of bullying by 57% in two years.
Economic consequences for companies
The economic costs are considerable:
Companies with up to 100 employees record annual costs caused by conflicts of between 100,000 and 500,000 euros. Conflict costs already account for 19% of total costs in small and medium-sized companies.
Additional episodes include:
- Increased sick leave and loss of productivity
- High fluctuation with new recruitment and training costs
- Reputational damage as an employer
- Legal consequences through lawsuits and claims for damages
In economic terms, bullying-related absences from work are estimated to cost 2.3 billion euros a year.
Conclusion
Workplace bullying destroys livelihoods and the working atmosphere in equal measure. Employers must establish prevention as a strategic task - through clear guidelines, systematic management training and rapid intervention in the event of incidents.
Those affected should seek legal advice at an early stage before giving notice out of desperation. Just give us a call or leave us a message. With systematic protection and a culture of respect, work environments can be created where mental safety is a priority and all employees can work productively.
