A Critique of the Regulation of Workplace Bullying in Ireland and Recommendations for Reform

Abstract

This thesis provides a comprehensive analysis of the regulation of workplace bullying in Ireland. It provides a critique of that regulation to determine if it is effective in protecting workers against bullying in the workplace and in providing them with an appropriate remedy if bullying occurs. The thesis concludes that the regulation is not effective. It supports that conclusion by assessing Ireland’s regulation against the principles of good regulation as set out in the literature on regulatory approaches. The thesis also argues that workers have a right to dignity in the workplace that encompasses a right not to be subjected to bullying. It argues that Ireland’s failure to appropriately regulate bullying is in breach of these rights. To address these regulatory failures, the thesis makes recommendations for a revised strategy. This new strategy is based on Ayres’s and Braithwaite’s ‘regulatory pyramid’ and informed by the principles of ‘really responsive regulation’ and ‘regulatory craft’. The strategy builds on current regulation, and includes proposals for new regulatory instruments. In particular, it argues that a new legal provision is required, dedicated to addressing workplace bullying. It also recommends that a new oversight committee is established to ensure effective monitoring of the application of the strategy.

Date of Award	30 Sept 2025
Original language	English
Awarding Institution	University of Bristol
Supervisor	Ken Oliphant (Supervisor) & Tonia A Novitz (Supervisor)