How to Document Bullying
Insight
Many bullying victims focus so heavily on enduring the behaviour that they fail to create the detailed records needed to prove their case later. Without proper documentation, even severe bullying can be dismissed as personality conflicts or misunderstandings, leaving victims without legal recourse and allowing the behaviour to continue unchecked.
Workplace bullying can be devastating to your career, health, and wellbeing, but proving it happened requires more than just your word against theirs. Effective documentation transforms isolated incidents into a clear pattern of unacceptable behaviour, providing the evidence foundation needed for internal complaints, mediation, or legal action.
Proper documentation involves more than just keeping a diary of incidents. It requires understanding what evidence will be most persuasive, how to preserve it effectively, and when to act on what you've collected. The quality and comprehensiveness of your records often determines whether your personal grievance succeeds or fails.
This guide explains how to systematically collect and preserve evidence of workplace bullying, what types of documentation carry the most weight, and how to build a compelling case that supports your right to a safe and respectful workplace.
Understanding Bullying Documentation Requirements
Effective bullying documentation goes far beyond keeping a simple diary of events. It requires creating a comprehensive record that demonstrates patterns of behaviour, shows the impact on your work and wellbeing, and provides objective evidence that supports your subjective experience of being bullied.
The key is understanding what constitutes workplace bullying in legal terms. Not every unpleasant interaction qualifies as bullying - the behaviour must be repeated, unreasonable, and create a risk to health and safety. Your documentation needs to clearly establish these elements through specific examples and evidence.
Courts and mediators look for consistency, detail, and corroboration in bullying claims. They want to see that incidents were recorded contemporaneously, that you sought help through appropriate channels, and that the behaviour had genuine impacts on your work performance or wellbeing. Weak or inconsistent documentation can undermine even legitimate bullying claims.
Remember that documentation serves multiple purposes: it helps you identify patterns you might not otherwise notice, provides evidence for internal complaints or external proceedings, and demonstrates that you took the situation seriously enough to keep detailed records.
Creating Detailed Incident Logs
Your incident log is the backbone of your bullying documentation. Each entry should read like a mini-report that someone else could understand without additional context. Include the date, time, and location of each incident, along with the names of everyone present, including witnesses.
Describe exactly what happened using specific quotes where possible. Instead of writing 'John was rude to me in the meeting', write 'John interrupted me three times during my presentation, said my ideas were stupid in front of the entire team, and rolled his eyes when I tried to respond'. The difference between vague descriptions and specific details can make or break your case.
Document the immediate impact of each incident. How did it make you feel? Did it affect your ability to do your job that day? Did you have trouble sleeping or feel anxious about coming to work? These impacts help establish that the behaviour was more than just personality differences - it was genuinely harmful.
Keep your log updated regularly, ideally within 24 hours of each incident while the details are fresh in your memory. Use a secure method like a password-protected document on your personal device or a private email account that your employer cannot access.
Step 1
Record Basic Details
Note the date, time, location, and people present for every incident, no matter how minor it seems at the time.
Step 2
Document Specific Behaviour
Write down exactly what was said or done, using direct quotes and describing specific actions rather than general impressions.
Step 3
Note Immediate Impact
Record how the incident affected you emotionally, physically, or professionally, both immediately and in the following days.
Step 4
Identify Witnesses
List anyone who saw or heard the incident, even if they didn't intervene, as they may be able to corroborate your account later.
Preserving Digital Evidence
Warning: Never hack into systems or access communications you're not authorised to see. Only preserve evidence from communications you were legitimately part of or that were shared with you directly.
Digital communications often provide the strongest evidence in bullying cases because they capture the bully's exact words and can be difficult to dispute. However, digital evidence can also disappear quickly if not preserved properly, so you need to act fast to secure important communications.
Save copies of all relevant emails, text messages, instant messages, and social media posts to your personal devices immediately. Don't rely on keeping them in your work email system, as employers can delete or restrict access to these accounts. Take screenshots of messages that might be deleted, and forward important emails to your personal email account.
When saving digital evidence, preserve the metadata where possible. This includes timestamps, sender information, and any other technical details that prove when and how the communication was sent. Screenshots should show the full context, including dates, times, and participant names.
Be particularly careful with social media evidence, as posts can be deleted or privacy settings changed. If the bullying extends to social media platforms, document everything immediately and consider having a trusted friend take independent screenshots as backup evidence.
Remember that your employer's IT policies may restrict what you can do with work communications, but you generally have the right to preserve evidence of potential legal violations. Consult with an employment lawyer if you're unsure about the boundaries.
Gathering Witness Statements
Witness testimony can transform a 'he said, she said' situation into a compelling case with independent corroboration. However, gathering witness statements requires sensitivity and strategy, as colleagues may be reluctant to get involved in workplace disputes, especially if they fear retaliation.
Start by identifying who has witnessed bullying incidents or their aftermath. This might include colleagues who were present during meetings, people who saw you upset after interactions with the bully, or those who have observed changes in your behaviour or performance. Even witnesses to single incidents can be valuable.
Approach potential witnesses carefully and professionally. Explain that you're documenting workplace issues and would appreciate their honest account of what they observed. Don't pressure anyone or suggest what they should say - you want their genuine, independent recollection of events.
When someone agrees to provide a statement, ask them to write down what they saw, heard, or observed in their own words. The statement should include dates, times, locations, and specific details about what happened. Have them sign and date the statement, and keep the original in a safe place.
Be prepared for some colleagues to decline to provide statements, especially if they're concerned about their own job security. Respect their decision and don't let it damage your working relationships. Sometimes people who won't provide written statements may still be willing to speak informally to investigators or mediators.
Documenting Health and Performance Impacts
Insight: Many people underestimate the cumulative health impact of workplace bullying. What starts as occasional stress can develop into serious anxiety, depression, or physical health problems that require professional treatment and time off work.
The impact of bullying on your health, wellbeing, and work performance is crucial evidence that demonstrates the seriousness of the situation. This documentation helps establish that the bullying wasn't just unpleasant - it was genuinely harmful and affected your ability to do your job effectively.
Keep detailed records of any physical or mental health symptoms you experience that you believe are related to the bullying. This might include headaches, sleep problems, anxiety, depression, or stress-related illnesses. Note when symptoms started or worsened in relation to bullying incidents.
Seek medical attention if the bullying is affecting your health, and ensure your doctor understands the workplace context. Medical records that link your symptoms to workplace stress can provide powerful objective evidence of the bullying's impact. Be honest with healthcare providers about what you're experiencing at work.
Document how the bullying affects your work performance. Are you making more mistakes? Struggling to concentrate? Avoiding certain meetings or projects? Taking more sick leave? Keep records of performance reviews, productivity measures, or feedback that shows changes in your work quality.
Track any career impacts, such as missed opportunities for promotion, exclusion from important projects, or damage to your professional reputation. These economic impacts can be significant and may form part of any compensation claim you pursue.
Recording Workplace Responses
How your employer responds to reports of bullying is often as important as the original bullying behaviour itself. Documenting these responses helps establish whether your employer met their legal obligations to provide a safe workplace and address your concerns appropriately.
Keep detailed records of every time you report bullying or raise concerns, whether formally or informally. Note who you spoke to, when, what you told them, and how they responded. Save copies of any written complaints you submit and any responses you receive from management or HR.
Document any investigations that take place, including who was interviewed, what questions were asked, and what conclusions were reached. If you're not satisfied with an investigation, record your specific concerns about the process and any evidence that wasn't properly considered.
Track any changes in your treatment after you raise concerns. Unfortunately, some employers respond to bullying complaints by treating the complainant less favourably, which can constitute unlawful retaliation. Document any changes in your duties, exclusion from meetings, or different treatment by managers.
If your employer takes action to address the bullying, document whether these measures are effective. Sometimes employers implement superficial changes that don't actually stop the bullying behaviour, and this ongoing failure to protect you can strengthen your case.
Organizing Evidence Effectively
Having extensive documentation is only valuable if you can present it clearly and persuasively. Organizing your evidence effectively makes it easier for investigators, mediators, or lawyers to understand your case and identify the strongest elements of your claim.
Create a chronological timeline that shows the progression of bullying incidents and your responses to them. This helps demonstrate patterns of behaviour and shows how the situation escalated over time. Include both the bullying incidents and your attempts to address them through workplace processes.
Categorize your evidence by type - incident logs, emails, witness statements, medical records, and workplace responses. This makes it easier to find specific pieces of evidence when needed and helps ensure nothing important is overlooked.
Prepare summaries of key incidents that highlight the most serious examples of bullying behaviour. While you should keep detailed records of everything, being able to quickly identify the strongest examples helps focus attention on the most compelling evidence.
Keep multiple copies of all evidence in different locations. Store originals in a secure location, keep working copies for daily reference, and consider giving copies to a trusted friend or family member for safekeeping. Digital evidence should be backed up to multiple secure locations.
Need Help Organizing Your Evidence?
A lawyer can help you identify the strongest elements of your case and present your evidence most effectively.Understanding Timing and Legal Deadlines
Warning: Missing the 90-day deadline can completely bar your personal grievance claim, even if you have overwhelming evidence of serious bullying. Don't let perfectionism about documentation cost you your legal rights.
While thorough documentation is important, you can't document forever without taking action. Employment law has strict time limits that can bar your claim entirely if you miss them, regardless of how strong your evidence might be.
Personal grievances must generally be raised within 90 days of the incident or when you first became aware that it was a problem. This doesn't mean you need to have perfect documentation before raising a grievance, but you do need to act within the legal timeframe.
The 90-day deadline applies to each incident, but continuing bullying can be treated as an ongoing situation where the deadline runs from the last incident. However, don't rely on this - if bullying is serious and ongoing, raise your concerns sooner rather than later.
Use the documentation period strategically. While you're building your evidence base, also try to resolve the situation through internal processes. This shows you attempted to address the problem constructively and gives your employer a chance to fix the situation before legal action becomes necessary.
If you're approaching the 90-day deadline and haven't been able to resolve the situation internally, don't delay raising a personal grievance just to gather more evidence. You can continue documenting incidents even after filing a grievance, and additional evidence can strengthen your case during mediation or tribunal proceedings.
Frequently Asked Questions
What should I include in my bullying incident log?
Your incident log should include the date, time, location, people present, and a detailed description of what happened. Record the exact words used, actions taken, and how the incident made you feel. Include any witnesses and note whether you reported the incident to anyone immediately afterwards.
Also document the impact on your work performance, health, or wellbeing. This creates a clear pattern that demonstrates the cumulative effect of the bullying behaviour.
Can I record conversations with my bully without their permission?
In New Zealand, you can legally record conversations you're part of without the other person's consent. However, you cannot record conversations between other people when you're not present, as this would be considered surveillance.
While recordings can be powerful evidence, consider the practical implications. Secret recordings might damage workplace relationships further and could be seen as escalating the conflict. Discuss the pros and cons with an employment lawyer before proceeding.
How long should I document bullying before taking action?
Don't wait too long to take action while focusing solely on documentation. While building a strong evidence base is important, workplace bullying can escalate and seriously impact your health and career. Start documenting immediately, but also consider raising concerns through internal processes within a few weeks of serious incidents.
Remember that personal grievances must generally be raised within 90 days of the incident or when you first became aware of it. Use this time wisely to both document the pattern and seek resolution.
What if my employer deletes emails or other evidence?
Employers have a duty to preserve relevant documents once they're aware of a potential dispute. If evidence is deliberately destroyed after you've raised concerns, this can actually strengthen your case and may result in additional penalties for your employer.
Save copies of important emails and documents to your personal devices or email account as soon as possible. Take screenshots of social media posts or online communications before they can be deleted. If evidence disappears after you've raised a complaint, document this fact and inform your lawyer immediately.
Should I tell my colleagues I'm documenting workplace bullying?
Be strategic about who you tell. Trusted colleagues who have witnessed incidents can be valuable allies and potential witnesses, but avoid turning documentation into workplace gossip. Focus on building relationships with people who can provide objective accounts of what they've observed.
Don't announce broadly that you're keeping records, as this might make the bully more careful about their behaviour in front of others, or could escalate the situation. Instead, quietly build your evidence base while maintaining professional relationships where possible.
You don’t need all the answers
Employment issues can feel overwhelming — especially when you’re facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.
Get Help Documenting Workplace Bullying
Proper documentation is crucial for building a strong bullying case, but knowing what to record and how to present it effectively requires legal expertise. Find A Lawyer connects you with employment law specialists who understand how to gather compelling evidence and present it in a way that supports your claim.
Our network of experienced employment lawyers can guide you through the documentation process, help you identify what evidence will be most persuasive, and ensure you're building the strongest possible case from the start.