Bullying in the Workplace - a Wake-Up Call for Employers
Bullying in the workplace doesn’t always look like shouting or slamming doors. Sometimes, it’s subtle jabs, exclusion, or inappropriate comparisons that chip away at someone’s confidence. As a recent employment tribunal shows, it can end up costing businesses tens of thousands of pounds.
This particular case involved Lorna Rooke, an NHS Blood and Transport employee. Rooke was awarded nearly £29,00 after a co-worker completed a Star Wars-themed personality quiz on her behalf. The quiz aligned her personality type with that of Darth Vader. While it may have seemed like a harmless joke at the time, the employment tribunal held that it amounted to being a legal detriment.
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Rooke succeeded in her claim related to detriment treatment following a protected disclosure. Though she did not win on rounds of unfair dismissal and disability discrimination.
Under employment law, a detriment occurs when an employee is subjected to a disadvantage in the workplace after raising a whistleblowing complaint (a “protected disclosure”) or other legally sensitive issues. A detriment can be though humiliation, exclusion or reputational damage. An employer has a legal duty to prevent behaviours that could cause a detriment to the complainant.
For employers, this isn’t just a cautionary tale - it’s a wake-up call. If your workplace culture doesn’t actively prevent bullying in the workplace, it may be quietly breeding legal risk.
As Head of Employment at Winston Solicitors, I work with employers across the UK to help them create robust, respectful workplace environments. Below, I’ve outlined some of the key lessons from this case and how businesses can protect their people through proactive, thoughtful leadership.
1. Humour is potentially harmful
While one comment might not seem serious on its own, when patterns of mockery, exclusion, or passive aggression go unchallenged, they create a toxic culture.
What employers can do about bullying in the Workplace
Employers must create a culture of mutual respect and be aware of how language can be perceived.
Train managers in appropriate workplace communication and emotional intelligence. Make it clear that “banter” or sarcasm at someone else’s expense isn’t part of your values, especially when it’s directed at someone with a protected characteristic.
It’s always a good idea to encourage leadership teams to model the tone and values you want reflected across the organisation.
2. Informal behaviour can have formal consequences
It’s easy to assume that tribunal claims only arise from formal disciplinary procedures or contractual disputes. But this case highlights that team building activities should be carefully thought out. A personality quiz can be fun. However, it should be strictly voluntary and never be used to publicly embarrass anyone.
Key takeaway for employers
Your policies must go beyond the paperwork. Workplace activities should be respectful.
Demeaning characterisation, even if said in jest, can constitute legal detriment when they impact an employee’s dignity or reputation.
3. The importance of handling grievances properly
Having a colleague complete a psychological or personality assessment on someone else’s behalf crosses professional boundaries and therefore deserves to be properly investigated.
Poor grievance handling can turn a fixable situation into a legal claim. Best practices include having a clear and accessible grievance policy. As well as this, it’s important that you take all complaints seriously, even if they seem minor. Make sure to investigate concerns promptly, thoroughly, and impartially.
Make sure to keep clear records of your process, findings, and any actions taken. This will protect you if a situation ends up in a tribunal.
Top tip for employers worried about bullying in the Workplace
If you’re unsure how to handle a complaint of bullying in the workplace internally, it’s always worth seeking external legal advice early. This can help you to avoid expensive mistakes.
4. Protecting your business - culture, compliance, and communication
No employer wants to end up in the headlines, or in front of a tribunal. The best way to protect your business is by focusing on prevention, not reaction.
Here are a few things to put in place now:
- Clear HR policies. Make sure your staff handbook includes up-to-date policies on conduct, grievances, disciplinary procedures, equal opportunities, and anti-harassment.
- Regular training. Managers should be trained in both the legal and human aspects of leadership. Encourage a coaching culture, not a command-and-control approach.
- Open communication. Create a workplace where employees feel able to speak up and know they’ll be heard.
- Legal support. Have an employment solicitor you can trust to guide you through tricky conversations, difficult dismissals, and structural changes.
Leadership is legal as well as cultural
The “Darth Vader” case may seem unique, but its core issues are all too common. A poor culture, unchecked behaviour, and weak internal processes create risk. Not just of tribunal claims, but of reputational damage, lost productivity, and low staff morale.
At Winston Solicitors, we work with employers to strengthen their foundations, support their teams, and ensure compliance at every stage of the employment journey. Whether that’s when hiring and onboarding, or disputes, restructures, and exits.
If you’re a business owner, HR lead, or senior manager wondering whether your workplace culture or processes could stand up to scrutiny, now’s the time to review them. Putting sound policies in place that prevent bullying in the workplace can be the most effective way to avoid this kind of situation.
The cost of doing nothing, as this case shows, can be far higher than you think.
Need employment law advice for your business?
Get in touch with Samira Cakali, Head of Employment Law at Winston Solicitors, for expert support on workplace policies, staff training, and dispute resolution.
