Your Rights When Dealing with Workplace Bullying

Workplace bullying is a concerning issue that affects employee wellbeing, productivity, and organisational culture. Unlike specific criminal offences, bullying in itself is not explicitly defined as a standalone offence under UK law. However, unwanted behaviour that amounts to harassment, discrimination or a breach of your employment rights does attract robust legal protections. This guide explains what workplace bullying is, the legal rights available to employees and workers in England and Wales, how to address bullying effectively, potential legal claims, relevant time limits, and practical steps to protect your rights.

What Is Workplace Bullying?

Bullying Defined in Practice

“Bullying” generally refers to repeated, unwanted behaviour that intimidates, belittles, undermines or humiliates an individual at work. Examples can include persistent criticism, exclusion from activities, spreading rumours, undermining performance or social isolation. While the law does not define “bullying” as a legal term, such behaviours often overlap with harassment, discrimination or victimisation, which are unlawful under employment law.

Harassment Under the Equality Act 2010

Under the Equality Act 2010, harassment occurs when unwanted conduct related to a protected characteristic violates a worker's dignity or creates an intimidating, hostile, degrading or offensive environment. Protected characteristics include:

• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation
• Marriage and civil partnership
• Pregnancy and maternity

This means bullying associated with these characteristics may amount to unlawful harassment.

Legal Protections in the Workplace

Employment Law and Harassment

Employers must comply with the Equality Act 2010, which makes certain forms of harassment and discrimination unlawful. If you experience behaviour that meets the statutory definition of harassment, you may have grounds for an employment tribunal claim.

Employer Duty of Care

Even where bullying is not linked to a protected characteristic, employers have a legal duty of care to protect employees from harm under general employment and health and safety laws. This includes taking reasonable steps to prevent and address bullying and harassment. Failure to act may give rise to claims such as constructive dismissal or other employment law remedies where the employer breaches implied contractual terms such as trust and confidence.

Vicarious Liability

An employer can be held vicariously liable for harassment carried out by employees in the course of their work unless the employer can show it took all reasonable steps to prevent the wrongful conduct.

Rights and Legal Options

Informal and Formal Workplace Procedures

If you believe you are being bullied at work, the first step is often to raise the issue internally:

• Speak with your line manager or HR department;
• Check your employer's anti‑bullying and harassment policies;
• Seek support from a trade union or staff representative.

If informal steps do not resolve the issue, you can raise a formal grievance following your employer's grievance procedure. Keeping detailed written records of incidents, dates, times, witnesses and effects is essential.

Employment Tribunal Claims

Harassment and Discrimination

If the bullying amounts to unlawful harassment under the Equality Act 2010, and internal procedures do not resolve the matter, you can pursue a claim at an employment tribunal. Time limits are strict: a claim must normally be presented within three months less one day from the last act of harassment. Before lodging a tribunal claim, you must notify Acas (Advisory, Conciliation and Arbitration Service) to begin Early Conciliation.

Tribunal remedies can include compensation for injury to feelings and financial loss, such as loss of earnings.

Victimisation

If you suffer retaliation (for example, dismissal or detrimental treatment) for raising concerns or complaints about bullying or discrimination, you may have a claim for victimisation under the Equality Act 2010.

Constructive Dismissal

Where bullying and employer inaction fundamentally undermines the employment relationship, forcing you to resign, you might pursue a constructive dismissal claim through an employment tribunal, provided you have sufficient service (usually at least two years). The claim will argue that the employer's behaviour breached the implied term of trust and confidence.

Time Limits and Procedural Requirements

Acas Early Conciliation

Before making most employment tribunal claims, including those involving harassment and victimisation, you must contact Acas to start Early Conciliation. Acas will issue a certificate confirming conciliation has ended, allowing you to proceed with a tribunal claim.

Filing Time Limits

Tribunal claims must be presented within three months less one day of the latest discriminatory or harassing act, unless an extension is granted in exceptional circumstances.

Evidence and Documentation

Building Your Case

To support a complaint or claim, keep a detailed record of:

• The behaviour you experienced and when it occurred;
• Any written communication (emails, messages, notes);
• Dates and outcomes of informal and formal complaints;
• Witness accounts, where relevant;
• Any effect on your health, wellbeing or earnings.

Organised documentation strengthens both internal grievance outcomes and tribunal claims.

Practical Guidance for Employees

Approach the Situation Early

Address bullying as early as possible by documenting concerns and seeking informal resolution. Employers are expected to take complaints seriously and act swiftly.

Understand What Is Harassment

Behaviour that may seem like “banter” can still be unlawful if it creates a hostile or degrading environment, particularly where linked to a protected characteristic.

Seek Advice and Support

If internal processes fail, seek advice from employment solicitors, union representatives or organisations like Citizens Advice and Acas.

Be Aware of Broader Legal Reforms

Proposed changes to UK employment law aim to restrict the use of non‑disclosure agreements (NDAs) that silence victims of harassment and discrimination, potentially giving workers more freedom to speak openly about their experiences.

Common Questions from our Readers

Is workplace bullying a crime in the UK?
Bullying itself is not a specific criminal offence; however, certain behaviours such as harassment, discrimination or threats of violence may be unlawful and could also attract criminal liability where appropriate.

Can I take legal action if I am bullied by a colleague?
Yes. If the bullying constitutes harassment, discrimination or leads to detriment or dismissal, you may bring an employment tribunal claim once internal procedures and Acas Early Conciliation have been followed.

What if my employer does nothing?
If your employer fails to investigate or address bullying when you raise it formally, that failure may increase the strength of your claim at a tribunal - particularly where the employer breaches its duty of care or equality obligations.

Key Takeaways

In England and Wales, workplace bullying overlaps with unlawful harassment, discrimination and victimisation when behaviour is based on protected characteristics or creates a hostile working environment. Employers have legal duties to prevent bullying and respond effectively to complaints. If internal processes and Acas Early Conciliation do not resolve the issue, you may pursue claims at an employment tribunal for harassment, victimisation or related breaches of employment rights. Accurate documentation, early action and awareness of time limits are essential to exercising your rights and obtaining appropriate remedies.