Bullying at Work: Employer Responsibilities & Laws

Bullying at work, from ‘banter’ to discriminatory behaviour, can create a toxic workplace environment and negatively impact employee wellbeing and productivity. Employers have a legal and moral duty to prevent and address bullying at work. Failure to do so can lead to claims such as constructive dismissal where there individual has resigned, as well as reputational damage and high employee turnover.

The following guidance for employers examines the law relating to workplace bullying, best practices for prevention, and legal risks if complaints are not properly handled.

 

What is workplace bullying?

 

There is no single, legal definition of workplace bullying, although it has been defined by ACAS as ‘offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient’. Essentially, bullying is unwelcome conduct from either an individual or group of people that causes you to feel offended, intimidated, undermined, humiliated and/or degraded.

Essentially, bullying is unwelcome conduct from an individual or group that causes an employee to feel offended, intimidated, undermined, humiliated, and/or degraded.

Bullying can manifest in various ways, from subtle, hard-to-detect behaviours to overt and blatant misconduct. Common examples include being ridiculed, demeaned or humiliated, being undermined by unfounded or constant criticism, being ignored in discussions or talked down to or being set unachievable targets or given heavier workloads.

Bullying may be an ongoing pattern of behaviour or a one-off serious incident. It can occur in person, through emails, phone calls, or even via social media, including outside working hours at events or online platforms. Regardless, employers must be alert to their obligations and when they are under a legal duty to prevent and deal with bullying.

 

Examples of bullying at work

 

Workplace bullying can take various forms, depending on the individuals involved, the organisational structure and the methods used. Below are some common types of bullying relevant to today’s work environment:

 

Type of Bullying	Description	Examples
Upward Bullying	When employees bully a manager or supervisor.	– Refusing to follow instructions or delaying tasks. – Spreading rumours about a manager’s competence. – Excluding a manager from team discussions. – Challenging authority in a disrespectful way. – Undermining a manager through constant criticism. – Making unreasonable or repeated demands on a manager.
Peer-to-Peer Bullying	Bullying between colleagues at the same level.	– Persistent criticism or belittling work. – Exclusion from team activities or discussions. – Spreading false and malicious rumours. – Undermining work by withholding key details. – Ignoring a colleague in discussions or talking down to them. – Making inappropriate banter or teasing. – Subjecting someone to verbal abuse or sexual innuendo. – Using inappropriate physical gestures or facial expressions.
Cyberbullying	Bullying through digital communication and online platforms.	– Sending aggressive or demeaning emails or messages. – Excluding someone from virtual meetings or chats. – Spreading rumours online or posting negative comments. – Excessively monitoring or criticising online. – Unfairly excluding someone from emails and online discussions.
Organisational Bullying	Company policies or leadership behaviours creating a toxic environment.	– Setting unrealistic or unachievable targets. – Giving heavier workloads unfairly. – Publicly ridiculing, demeaning, or humiliating employees. – Publicly shaming employees for mistakes. – Normalising aggressive or overbearing supervision. – Using redundancy threats to control staff. – Denying training or promotion opportunities unfairly.
Discriminatory Bullying	Bullying based on protected characteristics.	– Making derogatory jokes or comments. – Unfairly favouring some employees over others. – Assigning undesirable tasks based on stereotypes. – Excluding someone from meetings, emails, or social events due to a protected characteristic. – Subjecting an individual to inappropriate comments or gestures based on their identity.
Passive-Aggressive Bullying	Subtle and indirect forms of bullying.	– Giving backhanded compliments. – Delaying responses to emails or requests. – Ignoring contributions in meetings. – Creating unnecessary work obstacles. – Excluding someone from work-related discussions without justification. – Making facial expressions or gestures designed to belittle someone.
Client or Customer Bullying	Bullying from external parties, such as clients or customers.	– Using aggressive or abusive language. – Making unreasonable demands. – Threatening frontline staff. – Filing complaints to damage reputations unfairly. – Making inappropriate sexual innuendo or verbal abuse. – Subjecting employees to inappropriate teasing or humiliation.

 

 

Banter or bullying?

 

Banter is often seen as light-hearted joking between colleagues, but it can become bullying when it causes distress, humiliation or creates a hostile work environment. Whether or not banter is considered bullying depends on its impact rather than the intention behind it. If a person feels intimidated, undermined or excluded due to repeated comments or actions, the behaviour may be considered bullying.

Employees and employers should be aware of the key factors that determine when banter crosses the line into bullying. One factor to consider is whether the behaviour is repeated and persistent. A single joke may not be classed as bullying, but when comments are made repeatedly and target an individual, they can cause distress. If the person has already expressed discomfort and the behaviour continues, this could indicate bullying.

The nature of the comments are also significant; banter that focuses on a person’s appearance, abilities, background or personal circumstances can be harmful. For example, making jokes about someone’s weight, intelligence or personal life choices may be perceived as bullying rather than harmless teasing.

Banter can also become bullying when it is discriminatory or offensive. Any form of workplace behaviour that targets a protected characteristic, such as age, race, sex, disability, religion or sexual orientation, may be considered harassment under the Equality Act 2010. Jokes that relate to gender, ethnicity, disability or sexual orientation can create a hostile work environment, even if the person making the joke believes it is harmless.

The power dynamic between individuals should also be taken into account. If banter is used by a manager or a senior colleague towards a subordinate, the person on the receiving end may feel unable to speak up or ask for the behaviour to stop. A power imbalance can make it more difficult for employees to challenge inappropriate behaviour or express concerns.

The setting and audience can also determine whether banter is appropriate. Comments that may be acceptable in a private social setting may not be suitable in a professional environment. If others in the workplace feel uncomfortable or offended by the remarks, even if they are not the direct target, the behaviour may be considered inappropriate.

Finally, if banter involves physical or aggressive elements, it is more likely to be considered bullying. Making mocking physical gestures, intimidating a colleague or using unwanted physical contact under the guise of a joke is not acceptable and could be considered harassment.

 

Employers’ legal obligations

 

Employers have a duty of care to ensure the workplace is free from bullying and harassment. This means taking proactive steps to prevent bullying and addressing any complaints promptly and fairly. Even if the employer is not directly responsible for the behaviour complained about, should they not take reasonable steps to prevent it, they risk tribunal claims from employees complaining of unfair treatment.

 

Workplace harassment

 

Harassment occurs when unwanted conduct violates an employee’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive work environment. Employers can be held liable for harassment committed by employees if they fail to take reasonable steps to prevent it.
Workplace bullying is not a legally actionable claim in itself but can, in certain instances, amount to harassment under the Equality Act 2010 if it relates to a protected characteristic, such as age, disability, gender reassignment, race, religion or belief, sex or sexual orientation. Harassment also includes conduct of a sexual nature, or where you’ve been treated less favourably because you’ve either rejected or submitted to unwanted sexual behaviour, or behaviour related to gender reassignment or sex.

The unwanted conduct complained of need not be directly aimed at the individual, provided that the conduct has still had the effect of violating their dignity etc. The law on harassment can also apply in circumstances where it’s thought that an individual possesses a protected characteristic even if this isn’t the case, (known as perceptive discrimination), or because they are associated with someone who possesses a particular characteristic.

An example of this kind of workplace harassment could be where someone is being teased or ridiculed because they are homosexual or thought to be homosexual. This includes conduct that is only intended as friendly banter or harmless fun, but nonetheless, the effect of any comments or behaviour causes offence. It could also include where someone witnesses someone else being treated in this way.

Unlike a claim for constructive dismissal, to bring a harassment complaint with the employment tribunal the individual does not have to resign from their job first, and there is no qualifying period of service.

 

Constructive dismissal claims

 

If bullying does not meet the legal threshold for harassment, employees may still have grounds for a constructive dismissal claim if they resign due to a fundamental breach of trust and confidence by their employer. Constructive dismissal claims require evidence that the employer failed to address the bullying despite being made aware of it.

 

Sexual harassment: preventative duty for employers

 

On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force, introducing a new legal obligation for UK employers to take “reasonable steps” to prevent sexual harassment in the workplace by requiring employers to anticipate potential harassment scenarios and implement measures to prevent such conduct before it occurs. ​

 

Vicarious liability

 

Under existing laws, employers can be held vicariously liable for acts of harassment committed by their employees during the course of employment unless they can demonstrate that they took “all reasonable steps” to prevent such acts. Failure to comply with this duty can result in employment tribunals increasing compensation awards by up to 25% if an employer is found to have inadequately prevented sexual harassment.

 

Preventing bullying at work

 

By law, all employers have a duty of care towards their employees to ensure that they are not subjected to any unwelcome behaviour or unfair treatment at work. This means that they’re legally responsible for preventing bullying in the workplace, and may be liable for any unwanted conduct that constitutes harassment.

Employers should have a clear and well-communicated policy on bullying and harassment. This policy should define unacceptable behaviour, outline the process for reporting concerns, and set out how complaints will be handled. It should be included in the staff handbook or made accessible through the company intranet. Even if a formal policy is not in place, employers are still responsible for ensuring that bullying is prevented and addressed appropriately.

To build a workplace culture where bullying is not tolerated, employees should feel confident that any complaints will be taken seriously and that they will not face retaliation for speaking up. To support this, employers should ensure that all staff, particularly managers and HR personnel, receive training on recognising and addressing bullying behaviour. Training should also cover how to create an inclusive and respectful workplace where bullying is less likely to occur.

When a complaint is raised, employers must take immediate and appropriate action. Investigations should be carried out fairly, impartially, and in line with workplace procedures. All parties involved should be given the opportunity to provide their account, and confidentiality must be maintained throughout the process. If an allegation is upheld, appropriate measures should be taken to address the situation. This may include disciplinary action, mediation, or additional training to prevent further incidents.

Employers should also monitor workplace culture to identify potential issues before they escalate. Conducting employee feedback surveys and reviewing workplace dynamics can help highlight areas where improvements are needed. Policies and procedures should be reviewed regularly to ensure they remain effective and aligned with current legal obligations.

Taking these steps not only helps prevent bullying but also demonstrates a commitment to employee well-being and legal compliance. A workplace that prioritises respect and professionalism is more likely to retain staff, maintain productivity, and avoid legal disputes related to bullying and harassment.

 

Dealing with complaints of bullying at work

 

Once allegations of bullying or harassment come to light, an employer is obligated to take prompt and appropriate action. If an employee raises a complaint—whether formally or informally—the employer must investigate the matter thoroughly and take reasonable steps to prevent further incidents. This may include implementing corrective measures, providing training, or taking disciplinary action against those responsible.

Employees experiencing bullying or harassment will respond differently depending on the severity and duration of the behaviour. For minor or one-off incidents, an informal complaint to a line manager or HR representative may be sufficient to resolve the issue. Employees may also seek support from a staff or trade union representative where applicable.

In cases of serious or prolonged bullying or harassment, an employee may submit a formal written grievance. Employers must then follow a structured process, investigating the allegations and taking appropriate action, which may include disciplinary measures against the perpetrator.

For minor cases, a verbal warning may be sufficient to address the issue. Some employees may be unaware of the impact of their behaviour, and an informal discussion can help resolve misunderstandings. However, in more serious cases, formal disciplinary action may be necessary, and even then, there is a risk of recurrence if the employer does not take proactive steps to foster a culture of respect and accountability.

Encouraging employees to document their concerns in writing not only ensures transparency but also protects both the employer and employee should further action be required. A written record strengthens an employer’s ability to address issues effectively and demonstrates compliance with legal obligations.

Failing to properly address grievances can expose an employer to potential legal claims, including those related to harassment or constructive dismissal. While employees are not legally required to submit a formal grievance before pursuing an employment tribunal claim, a failure to do so may be viewed as unreasonable, potentially reducing any awarded compensation by up to 25%.

Grievance and Disciplinary Procedures for Workplace Bullying
Workplace bullying is addressed through formal grievance and disciplinary procedures, which provide a structured approach to handling complaints and ensuring fair outcomes. Employees who experience bullying are encouraged to raise concerns through the grievance process, while employers must investigate and take appropriate action, often using disciplinary measures.

The grievance procedure allows an employee to formally report bullying if informal resolution has not worked or if the behaviour is serious. A written complaint should be submitted, outlining the incidents, those involved, and any evidence supporting the claim. Employers must acknowledge the complaint and conduct a fair and impartial investigation. Meetings with the complainant, alleged perpetrator, and relevant witnesses may be required to establish the facts. Once the investigation is complete, a decision should be made on whether bullying has occurred and what action will be taken. The employee must be informed of the outcome in writing, along with any right to appeal.

If bullying is found to have taken place, the disciplinary procedure may be used to address the behaviour of the person responsible. The employer must ensure that the process is fair, following workplace policies and employment law. Steps may include a formal meeting where the accused is given the opportunity to respond to the allegations. Depending on the severity of the misconduct, outcomes can range from a verbal or written warning to suspension or dismissal. Employers should also consider additional measures, such as training or mediation, to prevent further issues.

 

Failure to deal with bullying at work

 

Employers who fail to take reasonable steps to prevent or address bullying and harassment in the workplace may face legal consequences. If an employee raises concerns through the organisation’s grievance procedure and no action is taken, they may seek legal advice on their options. Employees may have grounds to bring a claim for harassment under the Equality Act 2010, or in some cases, a constructive dismissal claim if they feel forced to resign due to the employer’s inaction.

Legal claims of this nature can be complex and difficult to prove. Employees who resign without securing a strong case may face challenges in obtaining compensation for breach of contract or unfair dismissal. Employers who do not handle bullying complaints appropriately risk legal disputes, reputational damage, and a decline in employee morale and retention.

To reduce the risk of claims, employers should ensure that all complaints are handled promptly, fairly, and in line with legal obligations. Employees must have confidence in the grievance process and trust that appropriate action will be taken when concerns are raised. If an employee informs their employer that they are working under protest, this signals that they are continuing to work while reserving their right to resign and claim constructive dismissal if the bullying persists. This underscores the importance of addressing complaints effectively before they escalate to legal proceedings.

A proactive approach to tackling workplace bullying protects both employees and the organisation. By fostering a culture of respect and ensuring robust grievance procedures are in place, employers can minimise legal risks and maintain a positive working environment.

 

Need assistance?

 

For specialist advice on how to meet your obligations as an employers in relation to bullying at work – from preventive measures such as policies and training, through to dealing with specific complaints, contact us.

 

Bullying at work FAQs

 

What is considered workplace bullying or harassment?

Workplace bullying or harassment refers to unwanted behaviour that causes distress, humiliation, or intimidation. This can include verbal abuse, exclusion, excessive criticism, or unwanted physical contact. Harassment is legally defined under the Equality Act 2010 as conduct related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile or offensive environment.

 

Do employers have a legal duty to prevent bullying and harassment?

Employers have a duty of care to provide a safe and respectful working environment. They can be held liable if they fail to take reasonable steps to prevent or address bullying and harassment. With the recent introduction of the Worker Protection Act 2023, employers must now take proactive measures to prevent sexual harassment in the workplace.

 

What should an employer do if an employee raises a complaint?

An employer should take all complaints seriously, whether raised informally or formally. They must investigate the matter promptly, ensure confidentiality, and take appropriate action to prevent further incidents. This could include mediation, disciplinary measures or additional training for staff.

 

Can an employer be held responsible for bullying between employees?

Under vicarious liability laws, an employer can be held responsible for the actions of their employees if the bullying occurs in the course of employment. However, they may defend themselves by demonstrating that they took all reasonable steps to prevent and address such behaviour.

 

What steps can an employer take to prevent workplace bullying?

Employers should implement a clear anti-bullying and harassment policy, provide training to staff, encourage a culture of respect, and establish a robust procedure for reporting and handling complaints. Regularly reviewing policies and ensuring leadership sets the right tone are also crucial preventative measures.

 

What should an employee do if they experience bullying or harassment?

Employees should keep a record of incidents and, where possible, address the issue informally by speaking to their manager or HR. If the issue persists or is serious, they should raise a formal grievance. In cases where an employer fails to act appropriately, an employee may have grounds for a tribunal claim.

 

Can an employer take disciplinary action against a perpetrator?

If an investigation finds that bullying or harassment has occurred, employers can issue a verbal or written warning, impose a suspension, or even dismiss the perpetrator in severe cases. The action taken should be proportionate to the misconduct.

 

What are the risks of not addressing workplace bullying?

Failing to tackle bullying and harassment can lead to high staff turnover, low morale, reputational damage, and potential legal claims. Employers who fail to act may also face increased financial penalties in employment tribunals.

 

Are employers required to keep records of complaints and investigations?

Employers should document complaints, investigations, and any actions taken. This helps ensure transparency, demonstrates compliance with legal duties, and provides evidence should a claim arise.

 

Does an employee have to raise a grievance before making a tribunal claim?

While not a legal requirement, failing to submit a formal grievance before making a claim may be viewed as unreasonable by an employment tribunal. This can result in any compensation awarded being reduced by up to 25%.

 

Glossary

 

Term	Definition
Bullying	Persistent or repeated behaviour that causes distress, intimidation, or humiliation in the workplace.
Harassment	Unwanted behaviour related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile, or offensive environment.
Protected Characteristic	A characteristic protected under the Equality Act 2010, including age, sex, race, disability, religion, sexual orientation, and others.
Vicarious Liability	The legal responsibility of an employer for the actions of employees carried out in the course of employment.
Reasonable Steps Defence	A legal defence where an employer can avoid liability for workplace harassment if they can prove they took all reasonable steps to prevent it.
Grievance	A formal complaint raised by an employee about a workplace issue, including bullying or harassment.
Constructive Dismissal	A situation where an employee resigns due to a fundamental breach of contract by their employer, such as failing to address bullying or harassment.
Worker Protection Act 2023	Legislation introducing a new duty for employers to take reasonable steps to prevent sexual harassment in the workplace.
Employment Tribunal	A legal body that resolves disputes between employees and employers, including claims of unfair treatment, discrimination, and harassment.
Verbal Warning	An informal or formal warning given to an employee about inappropriate behaviour, often as a first step in disciplinary action.
Disciplinary Action	Steps taken by an employer in response to an employee’s misconduct, which may include warnings, suspension, or dismissal.
Equality and Human Rights Commission (EHRC)	An independent body responsible for promoting and enforcing equality laws in Great Britain.