Is workplace bullying illegal?

A plain-English guide for both employers and employees on whether workplace bullying illegal. It outlines key rules, common risks and typical steps so you can understand the issues before deciding what to do next.

Bullying at work is not a standalone legal claim in the UK. However, if the behaviour is linked to a protected characteristic or is sexual in nature, it is unlawful harassment under the Equality Act 2010. Employers must handle complaints fairly and, since 26 October 2024, take reasonable steps to prevent sexual harassment.

Key takeaways

·      Bullying itself is not a standalone legal claim, but harassment is unlawful under the Equality Act 2010.

·      Harassment covers unwanted conduct related to protected characteristics including sexual harassment.

·      From 26 October 2024, employers have a legal duty to take reasonable steps to prevent sexual harassment in the workplace.

·      Poor handling can lead to constructive dismissal, discrimination and victimisation claims.

·      Act quickly: keep records, follow the grievance process and seek advice early.

Is workplace bullying illegal? Overview

Bullying and harassment are often used interchangeably. In law, harassment is defined in the Equality Act 2010 and can be claimed in the employment tribunal, while “bullying” has no standalone definition. Serious bullying may still give rise to other claims, for example constructive dismissal if the implied term of mutual trust and confidence is breached or harassment.

What the law says (bullying vs harassment)

Harassment under section 26 of the Equality Act 2010 is unwanted conduct related to a relevant protected characteristic and has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Sexual harassment is unwanted conduct of a sexual nature. Treating someone unfavourably because they reject or submit to such conduct is also unlawful.

Legal update: Since 26 October 2024, employers must take reasonable steps to prevent sexual harassment (Worker Protection (Amendment of Equality Act 2010) Act 2023).

Rights and obligations at a glance

·      Employers: duty to prevent discrimination and harassment, and since 26 October 2024 to take reasonable steps to prevent sexual harassment.

·      Workers: protection from harassment related to protected characteristics and from sexual harassment under the Equality Act 2010.

·      Everyone: the ACAS Code requires a fair process for grievances and can affect employment tribunal awards if not followed by ither the employee or employer.

For employers: duties, process and pitfalls

·      Have clear anti-bullying and harassment policies covering things like social media, messaging apps and work events.

·      Train managers and staff, keep records and review culture and risks (for example, events where alcohol is served).

·      Handle complaints, sensitively, promptly and confidentially, appoint an impartial investigator and follow the ACAS Code.

·      Decide outcomes consistently (no action, training, mediation, disciplinary action).

·      Take proactive steps to prevent sexual harassment to meet the new duty. Seek specialist advice as soon as discriminatory issues arise.

Common pitfalls for employers

·      Dismissing issues as ‘personality clashes’ and focusing on intent rather than impact.

·      Poor investigation; notes, lack of timelines or not interviewing key witnesses.

·      Overlooking conduct on WhatsApp or at client events.

·      Treating the complainant badly afterwards (which risks victimisation, another form of discrimination).

For employees: rights, steps and outcomes

·      Record what is happening (dates, times, screenshots, emails, witnesses).

·      If safe, say the behaviour is unwelcome and ask for it to stop; consider informal resolution with your manger or HR.

·      Use the grievance procedure if it continues; keep copies of everything.

·      Look after your health; speak to your family, friends and/or GP if needed.

·      Get legal advice early, especially on time limits. Most tribunal claims must start within three months less one day, with ACAS Early Conciliation first.

Typical outcomes

·      The behaviour stops after informal action or management intervention.

·      Grievance may be upheld or not upheld, with the right to appeal.

·      Action under the disciplinary policy (warnings up to dismissal).

·      Occupational Health is used to advise on reasonable adjustments. The employer may seek to change the management or roles of those involved.

·      Settlement or, in some cases, an employment tribunal claim for discrimination (harassment) and any related losses, including ‘injury to feeling’.

Everyday examples

·      A manager repeatedly mocks an employee’s accent and makes comments about their race (likely harassment).

·      Colleagues set up a WhatsApp group to exclude a worker and regularly undermine them (could be bullying, and harassment if linked to a protected characteristic).

·      Unwanted touching or sexual remarks at a work event (sexual harassment; employers must take reasonable steps to prevent this).

FAQs 

What is the difference between bullying and harassment? 

Bullying is not defined in legislation. Harassment is defined in the Equality Act 2010 and is unlawful if it relates to a protected characteristic or is sexual in nature.

Does one incident count? 

Yes, a single serious incident can be harassment if it meets the legal test. Evidence and impact matter. And, with harassment it’s how the treatment is perceived not how its intended.

Do messages or WhatsApp groups count? 

Yes. Harassment can happen online. Policies should cover social media and messaging apps.

What are the time limits to bring a claim? 

Usually three months less one day from the last act you’re complaining about, with ACAS Early Conciliation before any employment tribunal claim.

Could bullying lead to constructive dismissal? 

Potentially, if the employer’s conduct seriously breaches trust and confidence. Get advice before resigning.

When to get advice and what to do next 

Outcomes turn on facts. If you are dealing with bullying or harassment, or handling a complaint, early legal advice helps you choose the right next step and manage risk. We can help you assess the behaviour against the legal tests, ensure a fair process is followed, and plan practical prevention measures.

Speak to our team about workplace bullying and harassment.

0800 915 7777 or hello@kilgannonlaw.co.uk

This page provides general information only, based on UK employment law as at the date of publication. It is not legal advice and must not be relied on as such. Outcomes depend on your circumstances. Reading this page or contacting us does not create a solicitor‑client relationship. Please do not include confidential information in your first message.