Bullying And Harassment In The Workplace
Understanding Workplace Bullying, Harassment And Your Responsibilities As An Employer
Bullying and harassment can have a significant impact on employees, workplace relationships and organisational culture. Even a single allegation can create challenges for employers, particularly where concerns involve managers, colleagues or customers.
Whilst the terms bullying and harassment are often used interchangeably, they are not necessarily the same. Some behaviours may be inappropriate or unacceptable without meeting the legal definition of harassment, whilst others may expose employers to significant legal risk if not addressed appropriately.
Employers have a responsibility to provide a working environment where employees are treated with dignity and respect. This includes taking concerns seriously, responding appropriately to complaints and taking reasonable steps to prevent unacceptable behaviour from occurring.
Understanding the difference between bullying and harassment, recognising the warning signs and knowing how to respond can help employers protect employees, maintain positive working relationships and reduce the risk of grievances, tribunal claims and reputational damage.
What Is Bullying?
There is no specific legal definition of workplace bullying in UK employment law. However, bullying is generally understood to be unwanted behaviour that makes an individual feel intimidated, humiliated, undermined, offended or excluded.
Bullying can occur between colleagues, managers and employees, or even involve third parties such as customers or suppliers. It may be a one-off incident, but more commonly involves a pattern of behaviour that develops over time.
Examples of behaviour that may be perceived as bullying include:
- Excluding an employee from meetings, discussions or workplace activities.
- Excessive or unjustified criticism.
- Intimidating, hostile or aggressive behaviour.
- Undermining an employee’s work or reputation.
- Abuse of authority or misuse of managerial power.
- Deliberately withholding information needed to perform a role.
- Spreading rumours or gossip.
- Setting unrealistic expectations designed to cause failure.
It is important to recognise that not every workplace disagreement, management instruction or performance discussion amounts to bullying. Managers are entitled to set standards, allocate work, provide feedback and address performance concerns provided this is done reasonably, professionally and consistently.
Equally, behaviour that one employee perceives as bullying may not have been intended that way. This is one reason why employers should investigate concerns carefully and consider the circumstances surrounding any allegations before reaching conclusions.
Whilst bullying is not automatically unlawful, it should still be taken seriously. If left unresolved, bullying can damage employee wellbeing, increase absence levels, affect team morale and contribute to formal grievances or workplace disputes. In some circumstances, bullying behaviour may also overlap with harassment or discrimination, creating additional legal risks for employers.
What Is Harassment?
Unlike bullying, harassment has a specific legal definition under the Equality Act 2010. Harassment occurs when unwanted conduct related to a protected characteristic has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
The Equality Act protects employees from harassment related to a number of protected characteristics, including:
- Sex.
- Race.
- Disability.
- Age.
- Religion or belief.
- Sexual orientation.
- Gender reassignment.
Harassment can take many forms and may occur face-to-face, in writing, by email, through messaging platforms, during meetings or via social media. The behaviour does not have to be intentional for harassment to occur. An individual may believe they were joking or did not intend to cause offence, but the impact on the recipient can still be significant.
Examples of harassment may include:
- Offensive jokes, comments or stereotypes.
- Derogatory remarks relating to a protected characteristic.
- Mocking an individual’s disability, religion or beliefs.
- Unwanted comments about a person’s appearance.
- Displaying offensive material.
- Repeated unwanted behaviour that creates an uncomfortable or hostile environment.
- Unwanted conduct of a sexual nature.
Employers should remember that harassment allegations should always be taken seriously. In addition to the impact on employees, complaints of harassment can expose employers to significant legal, financial and reputational risks if concerns are not addressed appropriately.
A prompt and proportionate response, supported by appropriate investigation where necessary, can help employers protect employees, maintain workplace standards and demonstrate that concerns have been handled fairly and responsibly.
The Difference Between Bullying And Harassment
The terms bullying and harassment are often used interchangeably, but they are not necessarily the same. Understanding the distinction can help employers respond appropriately when concerns are raised.
Bullying generally refers to inappropriate behaviour that intimidates, undermines, humiliates or excludes an individual. Whilst bullying can have a serious impact on employees and workplace culture, it is not automatically unlawful in itself.
Harassment, on the other hand, has a specific legal definition under the Equality Act 2010 and relates to unwanted conduct connected to a protected characteristic, such as sex, race, disability, age, religion or belief, sexual orientation or gender reassignment.
In practice, the distinction is not always clear-cut. Some behaviour may amount to bullying but not harassment, whilst other conduct may constitute both. For example, persistent criticism of an employee may be viewed as bullying, but if the behaviour is linked to the employee’s race, disability or another protected characteristic it could also amount to harassment.
For employers, the most important consideration is not necessarily how the complaint is labelled, but whether the concerns are taken seriously, investigated appropriately and addressed promptly.
What Should Employers Do?
When concerns about bullying or harassment are raised, employers should act promptly and avoid making assumptions about the circumstances. Delaying action or dismissing concerns without proper consideration can damage trust and increase the risk of formal disputes.
A sensible starting point is to listen carefully to the employee’s concerns and gather enough information to understand the nature of the complaint. Even where the allegations appear minor, employees should feel confident that concerns will be treated seriously and fairly.
Employers should consider whether an investigation is required. The level of investigation will depend on the nature and seriousness of the allegations, but employers should ensure they have sufficient information before reaching any conclusions.
In some situations, informal resolution may be appropriate. This could involve facilitated discussions, management intervention or helping employees address misunderstandings before relationships deteriorate further. However, informal approaches are unlikely to be suitable where allegations are serious or where there are concerns about harassment, discrimination or abuse of authority.
Where a formal complaint has been raised, employers should follow their grievance procedure and ensure the matter is handled in accordance with the ACAS Code of Practice. A fair process helps employers reach informed decisions and demonstrates that concerns have been taken seriously.
Confidentiality should also be maintained wherever possible. Information should only be shared with those who need to be involved in resolving the issue. This helps protect all parties, preserve the integrity of any investigation and reduce the risk of unnecessary workplace gossip or speculation.
By responding promptly, investigating appropriately and applying a fair process, employers can often resolve concerns more effectively whilst maintaining trust and confidence within the workforce.
The New Duty To Prevent Sexual Harassment
Employers have always been expected to take reasonable steps to prevent harassment in the workplace. However, the law now places a greater emphasis on prevention rather than simply responding when complaints are raised.
Since October 2024, employers have been under a positive duty to take reasonable steps to prevent sexual harassment of their employees. This means employers should not wait until an incident occurs before taking action. Instead, they should actively consider the risks within their workplace and implement appropriate measures to reduce the likelihood of sexual harassment occurring.
Reasonable steps may include having clear policies, providing training, communicating expected standards of behaviour, encouraging employees to raise concerns and taking appropriate action when issues arise.
Employers should also be aware that sexual harassment may involve customers, clients, contractors or other third parties as well as employees. Businesses that interact regularly with members of the public may need to consider whether additional safeguards are required.
The exact steps required will vary between organisations, but employers should be able to demonstrate that they have considered the risks and taken proactive measures to create a safe and respectful working environment.
For further guidance, see our article on Third Party Sexual Harassment.
Common Mistakes Employers Make
Bullying and harassment concerns can be challenging to manage, particularly where allegations involve managers, long-serving employees or conflicting accounts of events. However, a number of common mistakes can make situations significantly worse and increase the risk of workplace disputes.
- Ignoring complaints: Employers sometimes dismiss concerns as personality clashes, workplace banter or minor disagreements without properly understanding the issues being raised. Employees who feel ignored are more likely to escalate concerns through formal procedures.
- Taking sides too early: Managers should avoid reaching conclusions before the facts have been established. Maintaining an open mind and approaching concerns objectively is essential to a fair process.
- Failing to investigate appropriately: Serious allegations should be explored thoroughly. Employers who make decisions without gathering sufficient information may struggle to justify their actions later.
- Waiting for a formal grievance: Some employers delay action until an employee submits a formal complaint. In many cases, early intervention can help address concerns before relationships deteriorate and positions become entrenched.
- Poor record keeping: Inadequate records can make it difficult to demonstrate what action was taken, what evidence was considered and how decisions were reached. Accurate records are particularly important where concerns escalate into formal procedures or legal claims.
Employers do not need to resolve every workplace disagreement perfectly. However, responding promptly, investigating appropriately and applying a fair process will often lead to better outcomes for employees and the organisation alike.
The New Duty To Prevent Sexual Harassment
Employers have always been expected to take reasonable steps to prevent harassment in the workplace. However, the law now places a greater emphasis on prevention rather than simply responding when complaints are raised.
Since October 2024, employers have been under a positive duty to take reasonable steps to prevent sexual harassment of their employees. This means employers should not wait until an incident occurs before taking action. Instead, they should actively consider the risks within their workplace and implement appropriate measures to reduce the likelihood of sexual harassment occurring.
Reasonable steps may include having clear policies, providing training, communicating expected standards of behaviour, encouraging employees to raise concerns and taking appropriate action when issues arise.
Employers should also be aware that sexual harassment may involve customers, clients, contractors or other third parties as well as employees. Businesses that interact regularly with members of the public may need to consider whether additional safeguards are required.
The exact steps required will vary between organisations, but employers should be able to demonstrate that they have considered the risks and taken proactive measures to create a safe and respectful working environment.
For further guidance, see our article on Third Party Sexual Harassment.
How Kea HR Can Help
Allegations of bullying and harassment can be difficult for employers to manage, particularly where relationships have broken down, facts are disputed or the individuals involved hold senior positions within the business. Taking prompt, fair and proportionate action is essential to protecting employees whilst ensuring concerns are investigated appropriately.
Kea HR provides practical support to help employers manage bullying and harassment concerns confidently, fairly and consistently. Whether you need independent support with a specific complaint or guidance on improving workplace culture and processes, we can help.
- Workplace Investigations: Independent and impartial support to establish the facts, gather evidence and investigate allegations of bullying, harassment and other workplace concerns.
- Grievance Support: Practical assistance managing employee complaints, grievance procedures, hearings and appeals in accordance with the ACAS Code of Practice.
- Workplace Conflict Support: Early intervention and practical guidance to help resolve workplace tensions, communication breakdowns and relationship issues before they escalate into formal disputes.
Our aim is to help employers create respectful workplaces, manage concerns appropriately and reduce the risk of issues escalating into lengthy employee relations disputes or legal claims.
Related Resources
- Managing Difficult Employee Conversations
- Handling Employee Grievances
- Workplace Investigations Explained
- Third Party Sexual Harassment
- Support With Workplace Conflict
|
Do you need practical support with workplace disagreements, communication breakdowns and employee relationship issues? Speak directly with our CIPD-qualified HR expert with 30+ years’ experience. |
Book Your Free Intro Call |
Get the Latest Legislation News and My Top Tips delivered straight to your inbox |
 |
