What is mobbing?
Mobbing is a form of unlawful workplace conduct regulated under Polish labour law. It refers to persistent and long-term harassment or intimidation concerning or directed against an employee, causing the employee to have a lowered assessment of their professional usefulness, and causing or intended to cause humiliation, ridicule, isolation, or exclusion from the team. The legal basis is Article 943 of the Polish Labour Code.
Mobbing is not the same as a single conflict, a one-off inappropriate comment, lawful performance evaluation, or ordinary managerial supervision. In practice, the assessment depends on the duration, intensity, repetition, context, and consequences of the conduct. Courts usually examine whether the behaviour went beyond acceptable workplace relations and whether it objectively amounted to harassment or intimidation.
The perpetrator of mobbing may be a supervisor, a member of management, a co-worker, or another person functioning within the workplace structure. The employer has a statutory duty to counteract mobbing, which means that liability may arise not only from direct participation in the conduct, but also from failure to implement effective preventive and response measures.
What does mobbing involve in practice?
Mobbing may take many forms. It can include repeated verbal attacks, undermining an employee’s competence without justification, assigning tasks in a humiliating manner, isolating an employee from the team, spreading false information, excluding an employee from communication necessary to perform work, or creating pressure intended to force resignation. It may also involve excessive criticism, unjustified deprivation of duties, or the use of organisational measures as a tool of harassment.
Not every unpleasant situation at work qualifies as mobbing. A demanding work environment, business pressure, disciplinary measures, negative feedback, or a lawful change in responsibilities may be permissible if they are justified, proportionate, and not used to degrade or intimidate the employee. The distinction is often fact-sensitive and requires analysis of the full employment context.
Mobbing should also be distinguished from discrimination and harassment based on protected characteristics. These concepts may overlap, but they are not identical. In discrimination cases, the key issue is unequal treatment connected with a legally protected criterion. In mobbing cases, the focus is on persistent and long-term harassment or intimidation, even if it is not linked to a protected characteristic.
Evidence is central in mobbing cases. Relevant material may include e-mails, messages, internal correspondence, witness statements, HR records, reports to management, medical documentation, notes from meetings, performance evaluations, and internal policies. The employee generally needs to prove the factual circumstances supporting the allegation, while the employer may demonstrate that it took real and adequate measures to prevent and respond to workplace misconduct.
When is it worth seeking legal assistance in a mobbing matter?
Legal support may be needed when an employee experiences repeated hostile behaviour, feels isolated or humiliated at work, receives unjustified criticism, or is pressured to resign. A lawyer can assess whether the situation meets the statutory criteria for mobbing, whether other legal claims may be available, and what steps should be taken before submitting a formal complaint or initiating litigation.
Employers should seek legal advice when they receive a mobbing complaint, observe serious workplace conflict, plan an internal investigation, or need to verify whether their internal procedures are sufficient. A delayed or informal reaction may increase the risk of claims, reputational damage, escalation of the conflict, and loss of key evidence.
Under Article 943 of the Polish Labour Code, an employee affected by mobbing may seek appropriate monetary compensation for non-material harm if mobbing caused a health disorder. An employee who experienced mobbing or terminated the employment contract as a result of mobbing may also seek damages, with the statutory minimum linked to the minimum remuneration for work. The choice of claim and the evidentiary strategy should be assessed individually.
A prompt consultation with a lawyer can help avoid procedural mistakes, preserve evidence, reduce the risk of further escalation, and select an appropriate course of action. In many cases, early legal assessment makes it possible to resolve the dispute internally, adjust workplace procedures, or prepare for court proceedings in a more structured way.
Law firm support in mobbing cases
Legal assistance in mobbing matters may include support for both employees and employers. The scope of work depends on the facts, available evidence, employment documentation, internal procedures, and the stage of the dispute.
Support in the area of mobbing may include in particular:
- legal assessment of whether specific conduct may qualify as mobbing under Polish labour law,
- preparation or review of employee complaints and employer responses,
- support in internal investigations and evidence assessment,
- advice on anti-mobbing policies, reporting channels, and workplace procedures,
- representation in negotiations, settlement discussions, and court proceedings,
- analysis of claims for compensation, damages, reinstatement-related issues, or termination consequences,
- risk assessment for management boards, HR departments, and employers.
Need legal assistance in a mobbing matter? Contact us.
See also
- Employment Contract
- Dismissal
- Civil Litigation
- Criminal Law