Bullying in the workplace - legal steps and documentation

Systematic harassment, exclusion or deliberate belittling by colleagues or managers — workplace bullying places an enormous strain on those affected. But you don’t have to put up with it. In this guide, you’ll find out what constitutes bullying in legal terms, how to gather evidence, and what steps you can take.

What constitutes bullying under employment law?

In Germany, there is no separate ‘bullying law’. Case law defines bullying as the systematic hostility, harassment and discrimination of employees by their peers or by superiors. The key word here is ‘systematic’: isolated conflicts or occasional differences of opinion do not constitute bullying.

The Federal Labour Court regards bullying as an overall pattern of behaviour in which individual actions build upon one another or overlap. Only when all incidents are viewed as a whole does the picture of a violation of personal rights emerge.

Typical forms of bullying

Bullying can take many forms. Common forms include:

Social isolation: You are deliberately excluded from meetings, information or group activities.

Attacks on work performance: Your work is systematically devalued, you are assigned meaningless tasks or important information is withheld from you.

Verbal attacks: Insults, rumours, public humiliation or constant unfounded criticism.

Bossing: When the bullying originates from a superior, it is referred to as bossing. Typical examples include unjustified warnings, arbitrary transfers, or systematically overburdening or underchallenging an employee.

The employer’s duty of care

Employers are legally obliged to protect the personal rights and health of their employees. This duty of care arises from Section 241(2) of the German Civil Code (BGB) and is established by the case law of the Federal Labour Court.

In concrete terms, this means: if an employer becomes aware of bullying and fails to intervene, they may themselves be held liable — even if they are not personally involved in the bullying. They must take appropriate measures to put a stop to the bullying.

How to document bullying correctly — the bullying diary

Proving the case is often the biggest challenge in bullying cases. A carefully kept bullying diary can be crucial here. It serves as a so-called supporting document in court and strengthens the credibility of your testimony.

What should go in the bullying diary?

Keep the diary as soon as possible — ideally on the same day. The more detailed and timely your entries are, the more convincing they will be.

Step by step: How to tackle bullying

1. Start documenting: Begin your bullying diary immediately. Save emails, messages and other evidence.

2. Seek a conversation with the bully (optional): In some cases, a clarifying conversation — ideally with a trusted person — can defuse the situation. However, this is not a must and depends on the severity of the bullying.

3. Involve the works council: If there is a works council, it is an important point of contact. Under Section 85 of the Works Constitution Act (BetrVG), it has the right to receive complaints and to work towards a resolution.

4. Complain to your employer: Under Section 84(1) of the Works Constitution Act (BetrVG), every employee has the right to complain to the relevant department within the company if they feel disadvantaged or treated unfairly.

5. Seek medical help: Have any health effects documented by a doctor. Medical certificates regarding mental or physical complaints can serve as evidence in court.

6. Seek legal advice: A specialist lawyer in employment law can assess your situation and take the appropriate steps.

What legal claims do those affected have?

Compensation: In the event of a violation of personal rights or damage to health, those affected may claim compensation (Section 823 of the German Civil Code). This includes, for example, costs for therapy, loss of earnings or job application costs.

Compensation for pain and suffering: A claim for compensation for pain and suffering may exist under Section 253 of the German Civil Code (BGB) for the non-material harm suffered. The amount depends on the severity and duration of the bullying, as well as the health consequences.

Right to injunctive relief: Those affected may demand that the bullying cease.

Termination without notice by the employee: In cases of severe bullying, extraordinary termination by the employee may be justified — accompanied by claims for damages.

Important to know: Experience shows that courts are strict when it comes to recognising bullying claims. The burden of proof lies with the victim, and the hurdles for claiming compensation for pain and suffering are high. Good documentation is therefore essential.

When does bullying occur — and when does it not?

Not every unpleasant situation at work constitutes bullying. The following are generally not considered bullying:

• Justified criticism of work performance
• Organisational measures such as transfers for operational reasons
• Isolated conflicts or differences of opinion
• Justified warnings in the event of actual misconduct

Drawing the line is often difficult and depends on the individual case. This makes a professional assessment by a specialist solicitor all the more important.

Frequently asked questions (FAQ)

When does behaviour constitute bullying in legal terms?

Bullying occurs when systematic hostility, harassment or discrimination takes place over a prolonged period and, taken as a whole, infringes on personal rights. Individual incidents are generally not sufficient.

Can I sue my employer for bullying?

Yes. The employer is liable if they fail to fulfil their duty of care and do not put a stop to the bullying. Claims for damages and compensation for pain and suffering are possible.

What is the value of a bullying diary in court?

It serves as a document to aid your testimony and strengthens the credibility of your account. It is not evidence in its own right, but can be persuasive when combined with other evidence.

What is the difference between bullying and bossing?

Bullying can come from colleagues or superiors. If it is directed specifically by a superior, it is referred to as bossing. Legally, both forms are treated similarly.

Can I resign without notice if I am being bullied?

In cases of severe bullying, there may be just cause for summary dismissal. In this case, you may also be able to claim damages. It is essential that you seek legal advice beforehand.

Who can I turn to if I am being bullied?

Your first points of contact should be the works council, the HR department or a trusted representative within the company. You can also consult a specialist solicitor in employment law. If you are experiencing health issues, you should also seek medical help.

This article is for general information purposes only and does not replace individual legal advice. Every case is different — if you have specific questions, we recommend seeking legal assistance at an early stage.