Workplace Bullying: What Are an Employer’s Responsibilities?

Quick Overview

• Mobbing is not a routine argument or a one-time conflict. It involves long-term, repeated, and targeted attacks among colleagues that can cause psychological or professional harm to an employee.
• The employer is obligated to address such conduct as soon as they become aware of it or should have become aware of it through proper workplace management.
• It is not enough to say that “it is a problem between employees.” The company must investigate the complaint, protect the victim, document the process, and take measures to prevent the bullying from continuing.

Are you dealing with workplace bullying or do you need to defend yourself as an employee? Let us review your strategy, evidence, or draft complaint. Timely legal consultation often determines whether the situation can be resolved without unnecessary litigation.

What is workplace bullying?

Mobbing (workplace bullying among colleagues) is systematic and repeated pressure on an employee by other workers. Workplace mobbing includes various forms of harassment, discrimination, humiliation, or isolation. Colleagues insult the victim, prevent them from performing their assigned tasks, deliberately spread rumors about them, threaten them, or sexually harass them.

The goal of workplace bullying is to undermine the victim’s mental and physical health and their ability to work. Workplace bullying can lead to serious health issues such as stress, anxiety, depression, or even suicidal tendencies, and is often a factor in employee turnover.

We know from experience that victims of workplace bullying often hesitate for a long time before even identifying the situation as bullying. Typically, individual incidents may seem “trivial” on their own, but together they create long-term pressure that prevents employees from working normally.

The line between a normal workplace conflict and workplace bullying is not always clear-cut. The key factors are the repetition, targeting, intensity of the behavior, and the impact on the employee’s position or health. A one-time argument with a colleague is therefore usually not workplace bullying, but long-term humiliation, isolation, or systematic questioning of one’s work certainly is.

Legal Framework for Workplace Bullying Among Colleagues

In the Czech Republic, workplace bullying is not explicitly defined in a single specific law. However, it is covered by several legal regulations that protect employees from workplace bullying.

1. Obligation to ensure a safe and healthy work environment
   • According to the Labor Code, an employer is obligated to ensure that the workplace is safe and does not endanger the health of employees. This includes the prevention of workplace bullying and violence.
2. Obligation to take measures against discrimination and bullying
   • Furthermore, the employer must take measures to prevent discrimination in the workplace, and therefore must also prevent bullying. The employer is obligated to ensure equal treatment of all employees.
3. Obligation to investigate complaints
   • The employer is obligated to properly investigate any complaints of bullying. They must ensure that complaints are examined impartially and thoroughly, and take corrective action as appropriate.
4. Obligation to train employees
   • The employer is also required to regularly train employees on occupational safety and health, which includes information on how to recognize and respond to bullying.
5. Obligation to establish internal regulations
   • Employers should have internal policies and procedures that address workplace bullying. These policies should be part of the company’s work rules or code of conduct.
6. Obligation to cooperate with labor unions
   • If a trade union is active in the company, the employer is obligated to cooperate with it to ensure the protection of employees against bullying and to resolve any complaints.
7. Obligation to provide compensation for harm
   • If the employer fails to prevent bullying and an employee suffers harm, the employer may be required to provide compensation for damages or non-pecuniary harm.

Under the Labor Code, employees have the right to equal treatment, which includes protection against discrimination and harassment. The Labor Inspection Act establishes employers’ obligations regarding the provision of safe and healthy working conditions, and the Public Health Protection Act includes protection against stressors in the workplace, i.e., against workplace bullying.

What the Statistics Say About Workplace Bullying

As tension and aggression in society rise, so does the number of conflicts in the workplace. Bullying is not limited to immature individuals in schools; it occurs in virtually every group, including the workplace. It is no wonder that this issue is being discussed more and more frequently, not only in the Czech Republic, and is becoming a topic of interest not only for experts but also for the general public.

According to the latest surveys, workplace bullying is on the rise. Studies show that approximately 10 to 15% of employees experience bullying at least once in their careers. Specifically, a survey conducted in 2022 by STEM/MARK clearly indicates that 13% of Czech employees have encountered some form of workplace bullying. Other studies confirm that workplace bullying has a negative impact not only on the victims but also on the entire organization, including reduced productivity, higher employee turnover, and increased healthcare costs.

How to Prevent Bullying Among Colleagues

As an employer, you play a key role in preventing and addressing workplace bullying. This is not a voluntary activity, but a legal obligation. In fact, the law requires employers to take an active approach to protecting employees from bullying. So what specific steps should you, as an employer, take to prevent workplace bullying?

1. Create and implement a clear anti-bullying plan
   • Right from the start, you should develop a completely clear and understandable anti-bullying plan. This written document should include a definition of workplace bullying, examples of unacceptable behavior toward others in the workplace, and procedures for reporting and addressing incidents . Then make it available to all employees and explain each point using specific examples so that everyone truly understands it. Of course, update the document regularly. Also, have it reviewed by a lawyer to ensure you are not violating the law.
2. Train employees and management
   • Regular training focused on preventing workplace bullying is essential for maintaining a peaceful atmosphere in the workplace. Although management plays a crucial role, it is necessary to ensure that all employees are trained. While managers will appreciate training on how to recognize bullying early on and how to address it effectively and sensitively, everyone should know what mobbing is and what the company’s procedures are for reporting incidents.
3. Provide safe reporting channels
   • Bullying is a very sensitive and delicate topic. By the time a victim decides to address the situation, they are often already at the limit of their strength and mental well-being. As an employer, you should therefore provide the safest possible way for an employee to report workplace bullying. Ideally, set up anonymous suggestion boxes, a dedicated hotline, or designate a contact person who has been trained to receive and resolve complaints. Employees must feel that, regardless of which channel they choose, they need not fear that the situation will simply get worse.
4. Focus on regular communication
   • By implementing regular meetings between all employees and an HR representative or external consultant, you can detect inappropriate behavior in a department early on. Foster a healthy work environment where employees feel safe even when they voice their concerns or dissatisfaction, and where everyone views criticism as an opportunity for growth. Anonymous surveys and regular evaluations will give you insight into the deeper structures of your company and support prevention efforts.

Practical tip: An internal anti-bullying policy should not just be a generic document filed away in a drawer. It should clearly state what constitutes unacceptable behavior, who to report an incident to, who investigates it, how the whistleblower is protected, and how the process is documented. If you are drafting such a policy, it is worth having it reviewed by an attorney specializing in labor law.

An Employer’s Responsibilities in Cases of Workplace Harassment

If you receive a complaint about workplace bullying, you, as an employer, should act quickly and objectively. The biggest mistake in handling a bullying complaint is jumping to conclusions. The employer should first ensure the safety of those involved, then gather evidence, and only then decide on appropriate measures. We will help you establish a procedure that will stand up to scrutiny by the labor inspectorate or in any potential legal dispute.

What steps should you take?

1. Investigation and Documentation
   • Upon receiving a complaint, conduct a thorough investigation of the entire matter. Conduct interviews with the victim, witnesses, and those accused of bullying. Carefully document all information and any evidence and keep it on file in case it needs to be submitted to law enforcement authorities.
2. Protection of the victim
   • At the same time, take measures to protect the victim. Naturally, the entire matter should be handled “behind closed doors” until it is resolved. If necessary, provide the victim with appropriate support, such as legal or therapeutic counseling. You may also decide to temporarily relocate those involved to prevent further contact between them until the situation is fully investigated.
3. Taking Action
   • Based on the results of the investigation, take appropriate measures such as disciplinary action against the aggressor, changes to work procedures, or other preventive measures to prevent a similar situation from recurring. Nothing should be overdone; measures should be proportionate to the severity of the incident and should primarily serve a preventive purpose.
4. Communication and Feedback
   • As an employer, keep the victim and other stakeholders informed on an ongoing basis about the progress of the investigation and the measures taken. Through quality feedback, you will maintain your employees’ trust in the process and demonstrate that you are truly committed to resolving the incident fairly and preventing its recurrence.

From Our Experience: An Employer Underestimated the Severity of the Harassment

In one anonymized case, an employee approached her employer after facing prolonged ridicule, exclusion from the team, and the deliberate provision of incomplete work-related information. Company management initially dismissed the situation as a “personal dispute between colleagues” and conducted no investigation. However, this only exacerbated the problem—the employee went on sick leave and subsequently demanded an apology and financial compensation.

The key issue was that the employer had no record of how the complaint was received, who was interviewed, what evidence was evaluated, or why no action was taken. It is precisely this lack of documentation that is often a fundamental problem in such cases. Even if the bullying cannot ultimately be fully proven, the employer should be able to demonstrate that they did not ignore the complaint and acted impartially.

Can you terminate an employee’s employment due to bullying?

If workplace bullying is so severe that it negatively impacts the victim’s ability to work and their mental health, you may resort to termination. However, termination due to bullying should always be a last resort, only when all other efforts to resolve the situation have failed. As an employer, you must be able to demonstrate, if necessary, that you have exhausted all available means to address the bullying and that the termination is justified. In any case, always consult with an attorney beforehand to avoid unnecessary complications and delays. Labor law is a broad field in which it is easy to get lost without an expert.

Document all steps you have taken to address bullying within the company. Inform the employee of the reasons for their dismissal and give them the opportunity to comment on the termination. If possible, provide them with maximum support during their departure and in their search for new employment.

It’s not wise to handle workplace bullying based on emotions alone. Whether you’re an employer, a victim of bullying, or an employee accused of inappropriate behavior, a lawyer can help you choose the safest course of action. Describe your case to us online, and within 24 hours you’ll receive clear recommendations on how to proceed.

Summary

As an employer, you have a legal and moral obligation to protect your employees from bullying. This includes prevention, early identification of problems, prompt and fair resolution of complaints, and providing support to victims. The key to success is creating a healthy work environment where bullying is unacceptable and where everyone is informed of their rights and responsibilities as employees.

Implementing an effective anti-bullyingpolicy not only protects employees but also contributes to higher productivity, a better work environment, and overall employee satisfaction. Ultimately, preventing workplace bullying benefits not only employees but also employers, as a healthy work environment supports the organization’s long-term success.