A High Court case involving alleged workplace bullying after maternity leave highlights a blind spot many Irish employers share. Without a proper dignity-at-work policy and trained managers, a single interaction can trigger costly legal proceedings Read more
Workplace bullying claims rarely arrive out of nowhere. They build over weeks or months, often during periods when an employee feels most vulnerable. And one of the highest-risk moments for employers is the period immediately after an employee returns from extended leave. A High Court case reported by Independent.ie this week puts a sharp focus on exactly this scenario, with allegations that a returning employee was subjected to degrading comments by a superior following maternity leave and a bereavement.
The details are stark. The case involves claims that a line manager made deeply personal remarks to a colleague who had recently suffered the loss of a child, following her return to work after maternity leave. Proceedings are ongoing, and no findings have been made. But the case itself is a warning to every Irish employer: a single interaction by an untrained manager can trigger years of litigation, reputational harm, and significant financial exposure.
Employers in Ireland have a legal duty to prevent workplace bullying and to have clear procedures in place for handling complaints. When employees return from maternity leave or other extended absences, the risk of bullying or inappropriate conduct by colleagues and managers increases. Without proper training, policies, and HR oversight, a single poorly handled interaction can expose your business to WRC claims, constructive dismissal proceedings, or civil litigation.
In our experience advising employers across Ireland, the return-from-leave period is one of the most underestimated risk points in the employment relationship. Employees coming back from maternity leave, parental leave, or extended sick leave are adjusting to changed routines, catching up on workplace developments, and sometimes dealing with personal circumstances that colleagues may not fully understand.
Line managers, meanwhile, may have been covering additional workload. They might resent the disruption. They might make offhand remarks they consider harmless. Or they might simply lack the awareness to manage the transition with the sensitivity it requires.
This is where things go wrong. A comment about someone’s absence. A remark about workload. An assumption about commitment. These interactions, repeated or severe enough, can form the basis of a formal bullying complaint, a WRC claim, or worse. The employer who has no dignity-at-work policy or return-to-work process in place is the employer who ends up in a hearing room.
The Code of Practice on the Prevention and Resolution of Bullying at Work (S.I. No. 674/2020) sets out what employers must do. It defines workplace bullying as repeated inappropriate behaviour that undermines an individual’s right to dignity at work. Employers are expected to have a written anti-bullying policy, to communicate it clearly to all staff, and to follow a structured process when complaints arise.
The Safety, Health and Welfare at Work Act 2005 reinforces this. It obliges employers to manage risks to employees’ health and safety, including psychosocial risks like bullying. And where the bullying relates to a protected ground (such as gender, family status, or disability), the Employment Equality Acts 1998-2015 provide an additional route for claims through the WRC.
A situation we see frequently: the employer has a policy document somewhere in a shared drive, but no one has read it, no manager has been trained on it, and when a complaint comes in, there is no clear process for handling it. That gap between having a policy and actually implementing it is where the WRC focuses its attention.
Most workplace bullying claims do not involve deliberate cruelty. They involve managers who say the wrong thing at the wrong time, or who allow a pattern of behaviour to develop without recognising what it looks like from the other side. The case in this week’s headlines is a sharp example. Whether or not the allegations are ultimately upheld, the fact that a returning employee felt compelled to take legal action tells its own story.
Managers in Irish SMEs rarely receive structured training on dignity at work. They are promoted for technical ability, not people management skills. When they encounter a colleague returning from leave with complex personal circumstances, they often have no framework for how to engage appropriately. They default to informality, to remarks they think are supportive or humorous, without recognising the power imbalance involved.
This is precisely why manager training on dignity at work and workplace conduct is not optional. It is a compliance requirement that most businesses overlook until a complaint lands on their desk.
Handling a bullying complaint properly involves far more than asking both parties what happened. The Code of Practice sets out an informal and formal process, each with specific steps, timelines, and requirements around confidentiality. The informal process involves a designated contact person attempting resolution. If that fails, the formal process requires an independent investigation, conducted by someone with no prior involvement in the matter.
Here is what catches most employers off guard. The person who investigates must be genuinely impartial. In a small business, that can be almost impossible to achieve internally. The investigation itself must follow fair procedures: both parties have the right to be heard, to be accompanied, to see relevant evidence, and to appeal the outcome. If any of these steps are missed or poorly documented, the entire process can be challenged at the WRC, regardless of whether the bullying actually occurred.
When we guide clients through this process at Purpletree, the volume of documentation alone surprises them. Interview notes, terms of reference, interim measures, outcome letters, appeal mechanisms. Getting even one element wrong can undermine months of work. This is why our HR investigation service exists: to manage bullying complaints with the rigour the WRC expects, so employers do not have to figure it out under pressure.
Workplace bullying that is not addressed can lead to outcomes on several fronts. An employee may bring a claim to the WRC under the Employment Equality Acts, where compensation of up to two years’ remuneration can be awarded if the bullying relates to a discriminatory ground. Alternatively, if the employee resigns as a result of the bullying, they may pursue a constructive dismissal claim under the Unfair Dismissals Acts 1977-2015.
Civil proceedings, as in the case reported this week, can carry even greater financial exposure. Legal fees, court time, and the distraction from running a business add up quickly. And the reputational damage, particularly in sectors like healthcare, hospitality, and construction where word travels fast, can affect recruitment for years.
The pattern we observe is consistent. Employers who treat bullying complaints as a minor HR issue end up spending far more in legal costs and WRC awards than they would have spent on prevention. A robust dignity-at-work policy, trained managers, and access to specialist HR support are not expenses. They are a fraction of the cost of a single successful claim.
The transition back from maternity leave, parental leave, or long-term sick leave is a moment that requires structure. Employers who treat it as informal, who assume the employee will simply slot back in, are creating the conditions for complaints to develop.
A proper return-to-work process involves coordination between the employee, their direct manager, and HR. There are conversations to be had about role expectations, about any changes that occurred during the absence, about flexible working arrangements, and about support needs. Each of these conversations needs to happen with sensitivity and to be documented.
For many Irish SMEs without an in-house HR team, this level of structure simply does not exist. That is where Purpletree’s HR Essentials service makes the difference. Our team builds return-to-work processes that protect both the employer and the returning employee, reducing the chance of misunderstandings escalating into formal complaints.
Preventing workplace bullying is not a one-off exercise. It requires a layered approach: a compliant dignity-at-work policy, regular manager training, a clear complaints procedure, and access to independent investigation expertise when complaints do arise.
Our team handles this end to end. We draft and review dignity-at-work policies in line with the current Code of Practice. We deliver manager training on recognising and preventing bullying behaviours. We provide a confidential complaints pathway that satisfies WRC expectations. And when a formal investigation is needed, our experienced HR investigators manage it independently, with the documentation and procedural fairness that would withstand scrutiny.
If you are an employer without a current, communicated dignity-at-work policy, or if your managers have not received training on workplace conduct, you are carrying a risk that is entirely preventable. Contact our team to discuss how we can close that gap before it becomes a claim.
The Code of Practice defines workplace bullying as repeated inappropriate behaviour that could reasonably be regarded as undermining an individual’s right to dignity at work. This can include verbal abuse, exclusion, excessive monitoring, or undermining someone’s work. A single serious incident may also be considered bullying in certain circumstances.
If the bullying relates to a protected ground under the Employment Equality Acts (such as gender, family status, or disability), the employee can bring a claim directly to the WRC. If it does not relate to a protected ground, the employee may still pursue a constructive dismissal claim if the bullying caused them to resign, or a personal injury claim through the civil courts.
Yes. The Code of Practice expects employers to have a written anti-bullying policy that is communicated to all staff and displayed prominently. Many employers bundle this into a general employee handbook, but the WRC expects it to be clearly accessible and regularly reviewed. If your policy has not been updated since the current Code took effect in December 2020, it may not meet current requirements.
Do not attempt to resolve it informally between the parties without a structured process. Follow your dignity-at-work procedure. Where the complaint is against a manager, an independent investigator, someone with no prior involvement, should handle the formal process. This is where external HR investigation support becomes necessary for most SMEs, as internal impartiality is difficult to demonstrate.
This article is for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. For advice on your specific situation, contact the Purpletree HR team directly.
Our team of HR specialists advises Irish employers on exactly these issues every day. Get in touch for a confidential conversation.
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