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

#WorkplaceBullying #EmployeeRights #HealthAndSafety #MentalHealthAtWork #IrishEmploymentLaw #WorkplaceDisputes #KnowYourRights