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I am a middle-aged male solicitor, working in a larger sized firm. I joined a new team last year and am having issues with a long-time team member. She regularly belittles me in meetings and often laughs when I offer my opinions. This was just about bearable but now she is also organising team social gatherings without asking me to join. As a result, of I often find out about work stuff last. What can I do? None of her behaviour is glaringly obvious so I would feel stupid bringing this to HR.

A number of issues immediately come to mind from these facts. The first would be under the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work. Section 60 of the Safety Health & Work Act 2005 empowers the Health & Safety Authority (HSA) to prepare and publish Codes of Practice with respect to safety, health and welfare at work, and the HSA and the Workplace Relations Commission (WRC) jointly produced this code.

The facts as set out on first reading certainly appear to come within the definition of bullying. Bullying is defined as ‘repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others at places of work and/or in the course of employment, which could reasonably be regarded as undermining the individuals right to dignity at work’.

The code must be read in light of the case of Ruffley v Board of Management of St. Ann’s School 2017 IESC 33, which pointed out that the conduct must be repeated. It must be inappropriate, not merely wrong and it must be capable of reasonably being regarded as undermining the individual’s right to dignity at work.

From the facts set out, many of the issues come within the non-exhaustive list of what is bullying. In this case there would appear to be exclusion with negative consequences, verbal insults, being treated less favourably than colleagues in similar roles as regards even the issue of social gatherings, belittling your opinion, social exclusion and isolation.

It would certainly be my advice that this issue is raised with the HR Department. Nobody should feel stupid bringing the issues which you have raised to the HR Department. Where a complaint of bullying is raised there is a duty on the employer to investigate this under the Code. Under the code you have to be given a right of representation and this can include a work colleague or a Union Official. You have an entitlement for your employer to clearly and fully set out the procedures that would be applied in respect of the investigation. They are obliged to have a Policy on bullying and its prevention in the workplace.

The Law Society Gender Equality Diversity and Inclusion Charter, is there to highlight the importance of the eradication of bullying in our profession. Furthermore, the Code of Practice gives a methodology of being able to address issues of workplace bullying in your workplace.

To submit an issue that you’d like to see addressed in this column, please email professionalwellbeing@lawsociety.ie. Confidentiality guaranteed.

This question and answer are hypothetical and written by , a Law Society Council member, Law Society Employment and Equality Law Committee member and an accredited mediator. Any response or advice provided is not intended to replace or substitute for any professional, psychological, financial, medical, legal, or other professional advice.

LegalMind is an independent and confidential mental-health support available to solicitors and their dependants, 24 hours a day, and can be contacted at 1800 81 41 77.