Addressing Workplace Bullying and Harassment

Creating a safe, respectful, and inclusive workplace isn’t just best practice – it’s a legal and moral duty for employers. Bullying or harassment at work can have a damaging effect on individuals, teams, and the overall culture of an organisation. Employers must take these issues seriously and act decisively when they arise.

Understanding Bullying and Harassment

Before employers can address the issue effectively, it’s important to be clear on what constitutes bullying and harassment. Both can occur in person, online, over the phone, or even in writing.

Bullying

Bullying in the workplace isn’t a specific legal offence, but it is unacceptable behaviour that should never be ignored. It typically involves repeated or single acts of intimidating, offensive, malicious, or humiliating behaviour.

Examples include:

• Excessive teasing, mocking, or “picking on” a colleague.

• Shouting at or publicly criticising an employee.

• Isolating someone or deliberately excluding them.

• Assigning unreasonable workloads or setting someone up to fail.

• Spreading rumours or gossip.

• Taking credit for someone else’s work.

• Blocking career progression unfairly.

  
  

Bullying can flow in any direction – not only from managers to employees, but also between colleagues or from junior staff towards more senior managers (known as “upward” or “subordinate” bullying).

Although bullying is not defined by law, employees may still bring claims if they believe the behaviour amounts to a breach of contract, constructive unfair dismissal, or a breach of implied terms such as the employer’s duty to provide a safe and supportive working environment.

Harassment

Harassment is unlawful under the Equality Act 2010 when it relates to a protected characteristic, such as:

• Age

• Disability

• Race or ethnicity

• Sex

• Religion or belief

• Gender reassignment

• Sexual orientation

• Pregnancy or maternity

• Marriage or civil partnership

  
  

The Act defines harassment as unwanted conduct related to one of these protected characteristics that has the purpose or effect of violating someone’s dignity or creating a hostile, intimidating, degrading, or offensive environment.

Unlike bullying, harassment carries clear legal consequences, and employers are directly liable if it occurs in the workplace.

Sexual Harassment and the Workers Protection Act 2023

From 26 October 2024, a new legal duty comes into effect requiring employers to take reasonable steps to prevent sexual harassment in the workplace.

This duty goes beyond having a written policy – tribunals will look at what proactive measures an organisation has taken to protect employees. If an employer is found not to have taken appropriate action, compensation awards for successful claims may be increased by up to 25%.

This means employers should:

• Review and update anti-harassment policies.

• Train managers and staff regularly on recognising and addressing inappropriate behaviour.

• Ensure clear reporting channels are in place and well-publicised.

• Monitor workplace culture and act swiftly on concerns.

Preventing Bullying and Harassment

The best defence is prevention. Employers should create a culture where respect is the norm and inappropriate behaviour is never tolerated.

Key steps include:

• Having a clear, well-communicated policy on bullying and harassment.

• Outlining reporting options, both informal and formal.

• Training managers to identify, address, and prevent issues.

• Providing guidance on how employees can raise concerns confidentially.

• Ensuring staff know the consequences of unacceptable behaviour.

• Supporting victims with appropriate resources and adjustments.

  
  

Regularly reviewing grievance and disciplinary procedures is also crucial to ensure they remain fit for purpose.

Handling Complaints

When an employee raises a concern, employers should consider whether it can be resolved informally (e.g., through a quiet discussion or mediation) or whether it requires the formal grievance process.

Informal resolution is often quicker and less stressful, but serious allegations – particularly those involving harassment – should always be dealt with formally.

Failing to take a complaint seriously can expose an organisation to legal risk if the employee later brings a claim in an employment tribunal.

The Impact of Bullying and Harassment

Unchecked bullying or harassment can cause significant harm to employees, including:

• Anxiety, stress, and loss of confidence.

• Physical health problems such as headaches, fatigue, or loss of appetite.

• Reduced engagement, motivation, and productivity.

It doesn’t just affect individuals – a toxic culture can weaken team cohesion, damage morale, and ultimately harm business performance. Legal disputes and reputational damage can also follow if issues aren’t addressed appropriately.

Key Takeaway

Preventing bullying and harassment requires more than policies on paper – it demands visible leadership, proactive training, and a culture of accountability. Employers who set clear standards, deal with complaints promptly, and support staff fairly will not only meet their legal obligations but also foster a workplace where people feel safe, respected, and able to thrive.