Bullying and Toxic Workplaces: What Employees Should Know About Their Legal Rights

Workplace bullying and toxic environments are increasingly raised as concerns at work. While the law does not formally define a “toxic workplace”, employment legislation offers important protections for employees who are subjected to unreasonable, intimidating or harmful treatment at work.

This article outlines key legal considerations for employees facing bullying or a toxic working environment and the steps they should take to protect both their wellbeing and legal position.

When Does Bullying Become a Legal Issue?

Not all unpleasant conduct is unlawful. Poor management, personality clashes or workplace pressure do not automatically give rise to legal claims. However, bullying can cross the legal threshold in several ways.

Harassment under the Equality Act 2010

Harassment is unlawful where unwanted conduct is related to a protected characteristic (such as age, disability, race, religion or belief, sex, sexual orientation, marriage and civil partnership, gender reassignment and pregnancy and maternity) and has the purpose or effect of violating a worker’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Key points employees should be aware of:

• The behaviour does not need to be intentional

• A single serious incident can be sufficient

• The focus is on the effect of the conduct, not just the intention

Employers can be legally responsible for harassment carried out by their staff unless they can show they took reasonable steps to prevent it.

Bullying without discrimination

Even where bullying is not linked to a protected characteristic, it may still constitute:

• A breach of the employment contract

• A failure to protect health and safety

• Grounds for a constructive dismissal claim

The Importance of Evidence

From a legal perspective, evidence is critical.

Employees should start documenting concerns as early as possible, including:

• Dates, times and details of incidents

• Names of those involved and any witnesses

• Emails, messages or written communications

• Notes of meetings or conversations

• Medical evidence where stress or ill health is involved

Records should be factual, detailed and kept somewhere secure outside the employer’s systems where possible. Well kept evidence can be helpful in grievances, tribunal claims and settlement discussions.

Understanding Internal Policies and Procedures

Most employers have policies dealing with dignity at work, bullying or harassment, alongside a formal grievance procedure. Employees should familiarise themselves with these documents before taking action.

Following internal procedures is often important. Employment tribunals expect employees to raise concerns and give their employer an opportunity to address the situation, unless there is a compelling reason why this would not be safe or reasonable.

A failure by an employer to investigate complaints properly, or to take action once concerns are raised, can significantly increase legal risk for the employer.

Raising Concerns Safely and Strategically

Raising concerns can feel daunting, particularly where power imbalances exist. However, how concerns are raised can materially affect an employee’s legal position.

Best practice includes:

• Keeping communication factual and professional

• Referring to specific incidents rather than general accusations

• Linking concerns to company policies where possible

• Retaining copies of all correspondence

Where it feels safe to do so, some employees may choose to calmly and clearly set boundaries at an early stage - for example, by stating that certain behaviour is not acceptable. This should always be done without confrontation and only where the individual feels able to do so safely.

Where direct confrontation is unsafe, unrealistic or does not resolve the situation, concerns can usually be escalated to HR, a senior manager or another designated contact under the employer’s procedures.

Recognising bullying behaviour is an important step. Bullying may include repeated undermining, unreasonable criticism, exclusion, intimidation or misuse of power - even where it is framed as “banter” or performance management. Trusting your instincts can be important where behaviour consistently feels distressing or inappropriate.

Health and Wellbeing at Work

Employers have a legal duty to protect employees’ physical and mental health. Persistent bullying, excessive stress or a hostile environment may place an employer in breach of their health and safety obligations, particularly where they are aware of the issue and fail to act.

Where a mental health condition meets the legal definition of a disability, additional protections may arise under discrimination law, including the duty to make reasonable adjustments.

Medical evidence such as GP notes, occupational health reports and sickness absence records can be important in linking workplace treatment to health impacts.

Employees should also prioritise their personal support networks. Confiding in trusted colleagues, friends or family members can reduce isolation. Speaking to a GP, counsellor or therapist can help manage the impact on mental health and may also provide valuable contemporaneous medical evidence.

Constructive Dismissal

In extreme cases, an employee may feel they have no option but to resign. If the employer’s behaviour amounts to a fundamental breach of contract, the employee may have grounds for a constructive unfair dismissal claim.

However, constructive dismissal claims are complex. Common risks include:

• Resigning too quickly

• Failing to raise concerns or grievances first

• Remaining in employment for too long without objection

• Not clearly linking the resignation to the employer’s breach

Legal advice should ideally be sought before resigning so the employee can understand their options and decide the best way forward. 

Whistleblowing Protections

A whistleblower is an employee or worker who raises concerns about wrongdoing in the workplace that they reasonably believe is occurring, has occurred, or is likely to occur. The concern must be in the public interest, rather than a purely personal grievance.

Examples of whistleblowing concerns may include: 

• A criminal offence

• Failure to comply with a legal obligation 

• A miscarriage of justice 

• The health and safety of any individual being endangered

• Environmental damage 

Employees who make a protected disclosure are legally protected from retaliation. This means an employer must not subject them to detriment (such as disciplinary action, exclusion, or loss of opportunities) because they have spoken up. Dismissal for whistleblowing is automatically unfair, regardless of length of service.

Knowing When and How to Exit

Sometimes, continuing in a harmful working environment is not in an employee’s best interests, particularly given the effect on their health. 

Employees may be able to:

• Negotiate a settlement agreement to agree an exit 

• Secure agreed references to help get a new job 

• Resolve disputes without formal litigation to minimise time, stress and cost

If concerns have been raised and nothing changes, employees may need to recognise when walking away is the healthiest option. Being treated with dignity and respect at work is important, and prolonged exposure to a toxic environment can have lasting negative effects on mental wellbeing. Planning an exit in a measured and informed way can help protect both health and future career prospects.

It is essential to take legal advice before signing any settlement or waiver of claims. An employer will usually pay for an employee’s advice on the terms and effect of a settlement agreement, as the agreement is not binding without the employee obtaining independent legal advice. 

Experiencing bullying or a toxic workplace can be distressing, isolating and damaging to health. If you are experiencing bullying or believe your workplace has become toxic, obtaining tailored legal advice at an early stage can be crucial.

Article written by
Sally Eastwood

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via  hello@kilgannonlaw.co.uk or  0800 915 7777.

Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.  This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

22.06.26