Workplace Bullying: Can I refuse to engage with or attend work?
Workplace Bullying is a Health & Safety Risk — Not "Just a Personality Clash"
Too often, bullying in the workplace is brushed aside as a "HR issue" or passed off as a personality conflict.
But under Irish health and safety law, employers have a legal duty to maintain a workplace that is safe — not just physically, but mentally. That means taking bullying complaints seriously and acting quickly to prevent psychological harm.
🛑 When bullying or a toxic culture is allowed to fester, the risks are serious: anxiety, depression, burnout, even breakdowns.
The Safety, Health and Welfare at Work Act 2005 isn't just about wet floors and faulty ladders — it covers stress, harassment, and psychological harm too.
📌 And employees? You have a duty of care to yourself, too.
If you've raised a bullying complaint and the situation hasn't changed — and you genuinely believe staying in the workplace could seriously damage your mental health — then you may have a legal right to stop engaging with work or not attend, without breaching your employment contract.
📖 This is supported by Section 13(1)(g) of the 2005 Act, which states that:
An employee shall not remain in any place at work where a hazard to their health or safety is likely to be present.
This includes mental health hazards like bullying — as long as the risk is serious and imminent, and you've informed your employer. You're not expected to tolerate harm while waiting for HR to act.
⚠️ Employees in this situation who are pressured to continue working may also have grounds for:
- Penalisation (for raising safety concerns)
- Disability discrimination (where mental health issues develop)
- Constructive dismissal (where staying becomes intolerable)
✅ A safe workplace isn't a luxury — it's a legal obligation.
If you're facing a toxic work environment, we can help.
📩 Get in touch
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