Barcelona Lawyers for Workplace Harassment Defence

Workplace bullying and sexual harassment are recognised circumstances that can give rise to a work-related accident.

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Conesa Legal

At Conesa Legal, a legal advisory firm based in Barcelona, we have a team of lawyers specialized in all areas of law. We also provide comprehensive advisory and management services covering payroll, tax and accounting, and corporate compliance for both companies and self-employed professionals. We stand out for our expertise in labor law and social security, offering a highly specialized and personalized service since 1976. Our services include both preventive and reactive legal advice and representation, tailored to the needs of businesses and workers alike. Our multilingual team provides legal assistance in English, French, and Spanish, and is well prepared to support a broad range of local and international clients, whether they are companies seeking comprehensive legal solutions or individuals in need of personalized legal advice.

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DAMAGES ARISING FROM WORKPLACE BULLYING:

This type of conduct, whether carried out by fellow employees, third parties such as suppliers or clients, or even by managers, can cause harm of both a physical and psychological nature.

The symptoms of workplace bullying or sexual harassment can include a negative impact on the mental wellbeing and work performance of those affected, as well as apathy and lack of motivation; low self-esteem; sleep-related issues such as nightmares or insomnia; physical manifestations of deep-seated anxiety and fear that are difficult to manage, including palpitations and breathing difficulties; and a general increase in illness.

HOW TO PROVE WORKPLACE BULLYING OR SEXUAL HARASSMENT:

Before filing a complaint, it is advisable to gather evidence that the harassment is taking place, as the harasser and/or the company that tolerates the behaviour may deny the facts or seek to minimise their significance. This can sometimes be difficult and will depend on the specific circumstances of each case. We therefore recommend that you contact us so we can guide you on the best way to obtain the evidence you need.

In any case, evidence may take the form of documents, videos, direct recordings between the company and the employee, or witness testimony. A diary in which the person being harassed records events on a daily basis may also be accepted as valid evidence.

Download Technical Criterion 69/2009 on the actions of the Labour Inspectorate and Social Security in matters of harassment and violence at work:

HOW TO REPORT WORKPLACE BULLYING OR SEXUAL HARASSMENT AT WORK:

A harassment complaint may be channelled through the following routes:

- Reporting workplace bullying to the Labour Inspectorate, which will open an investigation and either close the file or propose a penalty and/or a benefits surcharge.

- A complaint may also be filed with the Criminal Court if the conduct in question constitutes a criminal offence.

- A claim before the employment tribunal seeking a benefits surcharge against the company and Social Security, provided there was a failure to implement adequate safety measures, for example, a failure to assess psychosocial risks in order to evaluate working conditions across different roles.

- A claim for workplace bullying before the employment tribunal claiming damages jointly and severally against the harasser and the company, provided the company was aware of the conduct and tolerated it, or, under Law 3/2007 on effective equality between men and women, where the company had not implemented a sexual harassment protocol in cases of sexual harassment (see our article Psychosocial Risks: A Protocol for Their Detection).

HOW MUCH CAN YOU CLAIM FOR WORKPLACE HARASSMENT:

The quantification of such damages, which will in most cases be non-material (moral) damages, will always depend on the judge's assessment. That said, one reference point for quantifying this type of harm is the scale of sanctions set out in the Law on Infringements and Sanctions in the Social Order (LISOS), Article 8 of which classifies such conduct as a very serious infringement (in accordance with the ruling of the Supreme Court of 5 February 2013 (RJ\2013\3368)). The ruling of the Supreme Court ruling 4848/2023 of 14/11/23 also sets out the criteria to be taken into account when determining the amount.

In any event, given the inherently subjective nature of these criteria and the specific circumstances of each case, please contact our law firm to assess your situation.

DISABILITY PENSION ARISING FROM WORKPLACE HARASSMENT:

In matters relating to benefits and Social Security, it may be necessary to apply for a change in the classification of the sick leave. Where this applies, the regulatory base for temporary disability (IT) will increase to 60%–75% of the regulatory base, effective from the day following the start of sick leave.

The aforementioned surcharge on Social Security benefits can increase by 30% to 50% all benefits arising from the accident or occupational illness in question, including temporary disability (IT), lump-sum compensation, and permanent disability benefits at any level (partial permanent disability (IPP) or total permanent disability (IPT) for the employee's usual occupation; absolute permanent disability (IPA) or severe disability).

Find out how a work-related accident claim is handled: THIS IS ONE OF OUR SPECIALIST AREAS.