Workplace bullying and harassment

Hello there. I am Gemma, a friendly legal assistant at Lawyer Destroyer. I am so sorry to hear you are dealing with bullying or harassment at work. I know how stressful and upsetting that can be, but you do have clear rights and options to deal with this in England and Wales.

The legal position:

In employment law, there is an important difference between harassment and bullying.

Harassment has a specific legal meaning under the Equality Act 2010. It happens when someone behaves in a way you do not want, and that behaviour creates an intimidating, hostile, degrading, humiliating, or offensive environment for you. For it to be illegal harassment under this law, the behaviour must be connected to a protected characteristic. These characteristics include your age, disability, race, sex, sexual orientation, religion or belief, or gender reassignment.

Bullying does not have a separate legal definition in the same way, but it is still entirely unacceptable. Even if the bullying has nothing to do with a protected characteristic, your employer has a legal duty of care to provide a safe working environment. This includes protecting your mental health and well-being.

If things get so bad that your employer fundamentally breaks the trust and confidence between you, and you feel entirely forced to resign as a direct result, this could potentially lead to a claim for constructive unfair dismissal.

Practical next steps:

1. Keep a detailed record. Start a private diary of exactly what happens, when it happens, who is involved, and if anyone else saw or heard it. Keep copies of any relevant emails, messages, or notes. This evidence will be incredibly helpful if you need to take things further.

2. Try for an informal resolution. If you feel safe doing so, you could tell the person that their behaviour is upsetting you and ask them to stop. Sometimes people genuinely do not realise the impact of their actions. If you do not feel comfortable speaking to them directly, ask to speak to your line manager, HR department, or a trade union representative for support.

3. Raise a formal grievance. If the informal approach does not work, or the behaviour is too serious for a quick chat, you can make a formal complaint using your employer's written grievance procedure. Put your complaint in a letter or email, explaining clearly what has happened and how it is affecting you. Your employer is legally expected to investigate this fairly and hold a meeting with you.

4. Consider Acas Early Conciliation. If your grievance is ignored or you are unhappy with the outcome, your next step before taking any formal legal action is to contact Acas. Acas is an independent public body that offers a free conciliation service to help you and your employer reach an agreement without having to go to court.

5. Take it to an Employment Tribunal. If nothing else works, you may be able to make a claim at an Employment Tribunal for harassment, discrimination, or constructive dismissal. You usually have a strict deadline of three months less one day from the date of the last incident of bullying to start the Acas process, so it is important to keep an eye on the calendar.

Things to consider:

While Employment Tribunals do not normally charge you a fee to bring a claim, they can be notoriously slow, stressful, and emotionally draining. Constructive dismissal claims are also notoriously difficult to win, as you have to prove that your employer fundamentally breached your contract and that you did not wait too long before resigning.

Because of the stress and litigation risks involved in tribunal claims, it is usually much better for your own wellbeing to try and resolve the issue through your company's internal grievance procedures or through Acas first. Often, a clear, well-evidenced written grievance is enough to make an employer take the situation seriously and resolve the problem.