Navigating Workplace Bullying and Harassment: Your Legal Guide Under UK Employment Law

Understanding Bullying and Harassment in the Workplace

Bullying and harassment are pervasive issues that can significantly impact the well-being and productivity of employees. While these terms are often used interchangeably, they have distinct definitions and implications under UK employment law.

What is Bullying?

Bullying, as described by the Advisory, Conciliation and Arbitration Service (ACAS), involves “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure”.
Despite its harmful effects, bullying itself is not explicitly illegal under UK law. However, it often overlaps with harassment, which is legally defined and actionable.

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What is Harassment?

Harassment, as defined by the Equality Act 2010, is “unwanted conduct related to a relevant protected characteristic, with the purpose of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment”.
Protected characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Legal Framework and Protections

The Equality Act 2010

This act is a cornerstone of UK employment law, providing protections against harassment and discrimination based on protected characteristics. If an employee experiences unwanted conduct that violates their dignity or creates a hostile environment related to one of these characteristics, they can bring a claim against their employer in an employment tribunal.

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The Worker Protection Act

Introduced in October 2024, this act mandates that employers take “reasonable steps” to prevent workplace sexual harassment. Employers must demonstrate tangible efforts to prevent harassment, including regular risk assessments, comprehensive policies, and staff training. Failure to comply can result in increased compensation by up to 25% if an employer is found to have breached this duty.

Reporting and Addressing Bullying and Harassment

Steps to Take if You Are Being Bullied or Harassed

If you are experiencing bullying or harassment at work, here are some steps you can take:

Document the Incidents: Keep a detailed record of all incidents, including dates, times, locations, and the nature of the behaviour. Save emails, texts, and social media messages.
Avoid Engagement: It’s important to avoid engaging with the perpetrator, especially on social media. Instead, block them and report the behaviour.
Inform Your Employer: Report the behaviour to your manager, HR department, or union representative. This can often lead to an informal resolution.
Formal Grievance: If the issue cannot be resolved informally, initiate your employer’s grievance procedure by making a formal complaint.
Seek Legal Advice: If the matter is not resolved through internal procedures, consider seeking legal advice and potentially taking action at an employment tribunal.

Examples of Bullying and Harassment

Common Forms of Bullying and Harassment

Bullying and harassment can manifest in various ways, including:

Face-to-Face Interactions: Verbal abuse, intimidation, or humiliating behaviour.
Written Communication: Offensive emails, texts, or social media posts.
Microaggressions: Subtle, often unintentional, discriminatory comments or actions.
Exclusion: Deliberately excluding someone from meetings or social events.
Workload Manipulation: Overloading or underloading an employee with work to undermine their performance.

Impact on Mental and Physical Health

The Consequences of Bullying and Harassment

Bullying and harassment can have severe consequences on an employee’s mental and physical health, including:

Anxiety and Depression: Prolonged exposure to bullying can lead to significant mental health issues.
Diminished Confidence: Victims may experience a decline in their confidence and performance at work.
Social Isolation: Bullying can lead to social isolation, both within and outside the workplace.
Physical Health Issues: Chronic stress from bullying can result in physical health problems such as hypertension and cardiovascular disease.

Employer Responsibilities and Best Practices

Creating a Positive Work Environment

Employers have a critical role in preventing and addressing bullying and harassment. Here are some best practices:

Anti-Bullying Policies: Implement and enforce robust anti-bullying policies.
Training and Education: Provide regular training for employees and managers on what constitutes bullying and harassment, and how to report incidents.
Reporting Mechanisms: Establish clear and confidential reporting channels for victims.
Support Structures: Offer support to victims, including access to counseling services and employee networks.
Cultural Approach: Foster a culture of dignity, respect, and inclusion. As Rena Christou, managing director of Halborns, noted, “A big piece of the ‘reasonable steps’ puzzle is the cultural approach to sexual harassment across the business”.

Special Considerations for Vulnerable Groups

Bullying and Harassment of LGBT+ Employees

LGBT+ employees are particularly vulnerable to bullying and harassment. A report by the Trades Union Congress (TUC) revealed that half of LGBT+ employees have encountered some form of bullying, harassment, or discrimination based on their sexual or gender identity over the past five years.

Stigma and Unconscious Bias: Lack of education and awareness can contribute to stigma and unconscious bias against LGBT+ employees.
Absence of Role Models: The absence of visible LGBT+ role models can reinforce existing prejudices.
Silent Bystanders: Many employees act as silent bystanders when witnessing mistreatment, inadvertently contributing to cultures of prejudice.

Practical Advice for Employees and Employers

For Employees

Know Your Rights: Understand your rights under the Equality Act 2010 and the Worker Protection Act.
Seek Help: Do not suffer in silence; report incidents to your employer and seek support from HR or a union representative.
Document Everything: Keep detailed records of all incidents.
Consider Legal Action: If necessary, seek legal advice and consider taking action at an employment tribunal.

For Employers

Be Proactive: Take proactive steps to prevent bullying and harassment, including regular training and clear reporting mechanisms.
Foster a Positive Culture: Encourage a culture of dignity, respect, and inclusion.
Support Victims: Provide support to victims, including access to counseling services and employee networks.
Hold Perpetrators Accountable: Take disciplinary action against perpetrators to ensure a safe and respectful work environment.

Navigating workplace bullying and harassment is a complex but crucial aspect of maintaining a healthy and productive work environment. By understanding the legal framework, reporting mechanisms, and best practices, both employees and employers can work together to eradicate these harmful behaviours.

As Ben Willmott, head of public policy at CIPD, emphasized, “Employers need to be proactive and systematic in how they prevent and tackle sexual harassment at work; this is not a ‘tick-box’ exercise”. By prioritizing a culture of dignity, respect, and inclusion, we can create workplaces where everyone feels valued, supported, and safe.

Table: Key Differences Between Bullying and Harassment

Aspect	Bullying	Harassment
Legal Definition	No specific legal definition	Defined under the Equality Act 2010 as unwanted conduct related to a protected characteristic
Protected Characteristics	Not necessarily related to protected characteristics	Must be related to a protected characteristic such as age, disability, gender reassignment, etc.
Examples	Verbal abuse, exclusion, workload manipulation	Unwanted conduct creating an intimidating, hostile, degrading, humiliating or offensive environment
Legal Action	No direct legal claim, but may overlap with harassment	Can bring a claim in an employment tribunal
Employer Responsibility	Employers should have anti-bullying policies and support structures	Employers must take reasonable steps to prevent harassment under the Worker Protection Act

Detailed Bullet Point List: Steps to Address Bullying and Harassment

Document Incidents:
Keep a detailed record of dates, times, locations, and the nature of the behaviour.
Save emails, texts, and social media messages.
Inform Your Employer:
Report the behaviour to your manager, HR department, or union representative.
Seek an informal resolution if possible.
Formal Grievance:
Initiate your employer’s grievance procedure by making a formal complaint if the issue is not resolved informally.
Ensure the matter is investigated and necessary action is taken.
Seek Legal Advice:
Consider seeking legal advice if the matter is not resolved through internal procedures.
Potentially take action at an employment tribunal.
Avoid Engagement:
Avoid engaging with the perpetrator, especially on social media.
Block the perpetrator and report the behaviour on social media platforms.
Support Mechanisms:
Seek support from HR or a union representative.
Access counseling services or employee networks if available.
Report to Authorities:
If the bullying includes threats of death, violence, or stalking behaviour, report it to the police.

Quotes from Experts

Ben Willmott, Head of Public Policy at CIPD: “Employers need to be proactive and systematic in how they prevent and tackle sexual harassment at work; this is not a ‘tick-box’ exercise”.
Rena Christou, Managing Director of Halborns: “A big piece of the ‘reasonable steps’ puzzle is the cultural approach to sexual harassment across the business”.
Shazia Imtiaz, General Counsel at APSCo: “Providing clear reporting mechanisms and support structures is essential to fostering a safe and respectful workplace culture”.
Ivor Adair, Partner at Fox & Partners: “Financial services firms need to work smarter on creating cultures that encourage reporting of inappropriate conduct at an early stage and protect individuals from reprisals”.