Bullying and Harassment in the Workplace
Many people across the UK experience bullying and harassment in the workplace. Bullying and harassment can take many forms, and it’s important for fellow employees and employers to spot signs of workplace bullying and harassment, understand what measures to take when it occurs and what policies to put in place to prevent it and comply with bullying in the workplace laws.
Clover HR is here with a full guide on what workplace bullying and harassment is, the responsibilities of employers and managers, steps to take to prevent these issues, and how to support employees who are being bullied or harassed.
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WHAT IS BULLYING AND HARASSMENT?
Bullying has no legal definition. However, Acas defines bullying as unwanted behavior from a person or group that is either offensive, intimidating, malicious or insulting, or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.
Harassment is defined in Section 26 of the Equality Act 2010 as unwanted behavior related to what are classed as ‘protected characteristics’ that has the purpose or effect of violating the individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.
What is the Difference Between Bullying and Harassment?
Bullying and harassment may sound similar, but they are classed as different issues.
The key difference is how harassment is classed. It’s when unwanted behaviour is related to ‘protected characteristics’ under the Equality Act 2010, which include:
- Age
- Disability
- Gender reassignment
- Race
- Religion or belief
- Sexual orientation
While technically different, both bullying and harassment share certain elements, leaving those on the receiving end of both feeling frightened or upset, feeling less respected or feel like they’re being mocked or picked on by one or several individuals.
What are Examples of Workplace Bullying and Harassment?
Examples of bullying and harassment in the workplace often cross over, with the main difference being offense caused based on personal characteristics. In the workplace, examples of bullying and harassment may include but are not limited to:
- Insensitive jokes and pranks
- Lews or abusive comments
- Deliberate exclusion from conversations
- Displaying abusive or offensive writing or material
- Abusive, threatening or insulting words or behaviour
- Name-calling
- Personal insults
- Persistent unwarranted criticism
- Being blamed for something that is not the employee’s fault
WHAT ARE LEGAL RESPONSIBILITIES OF EMPLOYERS FOR BULLYING IN THE WORKPLACE?
Employers don’t just have a moral duty to prevent and investigate bullying and harassment in the workplace, they also have legal responsibilities to follow to ensure employees’ wellbeing and safe working environments..
Duty of Care
Under UK law, employers have a duty of care to protect the health, safety and wellbeing of their employees. This includes both physical and mental health, meaning employers must take reasonable steps to prevent workplace bullying. This can involve implementing clear policies, providing training and responding promptly to complaints.
Employment Law on Bullying
While bullying itself is not a standalone legal claim, it may fall under several areas of UK employment law. The Equality Act 2010 protects employees from harassment related to protected characteristics such as age, race, sex or disability. Additionally, employers are also bound by the Health and Safety at Work Act 1974, requiring them to manage risks to employees’ mental wellbeing.
What Happens When an Employer Fails to Comply With Laws on Bullying?
If an employer fails to address workplace bullying or harassment appropriately, they may face serious consequences. Employees could bring claims to an employment tribunal, particularly if the bullying amounts to harassment or constructive dismissal. Employers may also face compensation payouts, reputational damage and reduced staff morale.
In some cases, enforcement action may be taken if health and safety obligations are breached. Proactively addressing bullying is therefore essential to remain compliant and protect both employees and the organisation.
SIGNS AN EMPLOYEE IS GETTING BULLIED OR HARASSED
There might be telltale signs that an employee is getting bullied or harassed at work, as well as signs that are not so obvious.
Employees experiencing bullying may become withdrawn, anxious or unusually quiet in meetings. Instead of noticing a drop in productivity, you may notice increased absenteeism or frequent sick leave, particularly linked to stress-related issues.
Changes in behaviour, such as loss of confidence, reluctance to engage with certain colleagues or visible distress, can also indicate an employee is being bullied. In some cases, employees may raise a complaint or avoid the workplace altogether.
Recognising these signs and investigating bullying and harassment in the workplace early allows employers to take appropriate action and provide support before the situation escalates.
HOW CAN EMPLOYERS PREVENT BULLYING AND HARASSMENT IN THE WORKPLACE
Preventing workplace bullying and harassment can be achieved in several ways. We recommend these main solutions:
- Outline acceptable standards of behaviour and ensure this is communicated through a policy
- Introduce a bullying and harassment policy if you don’t have an existing one in place
- Enforce your bullying and harassment policy
- Provide initial and follow up training on bullying and harassment that outlines appropriate workplace behaviours
New or small businesses may not have a policy in place, so what should it include? For a strong and compliant bullying and harassment workplace policy, you should include:
- A clear definition of acceptable workplace behaviour
- Steps an employee should take if they feel they are being harassed or bullied
- Options for mediation from a third-party mediator, such as Clover HR
- Who to make formal complaints to
- What actions the company will take
- What training is provided to employees and managers
By having a clear policy in place, you will demonstrate your duty of care to staff and let them know that any type of bullying or harassment will not be tolerated, and inform them of the processes taken if issues arise.
HOW TO SUPPORT EMPLOYEES WHO ARE EXPERIENCING BULLYING
In addition to having a clear workplace bullying and harassment policy, there are other ways you can support employees who are experiencing issues.
Employers should create a safe and confidential environment where employees feel comfortable speaking up, whether through formal reporting channels or informal conversations. Taking all concerns seriously and responding quickly is essential, with fair and impartial investigations where needed.
Providing access to support services, such as counseling or employee assistance programmes (EAPs), can help individuals manage the emotional impact. Managers should also maintain regular check-ins and make reasonable adjustments where appropriate, such as changing reporting lines or working arrangements.
While investigating bullying and harassment in the workplace, managers and employers should take evidence from witnesses, listen to both the alleged harasser and the individual facing it, provide a timescale for resolving the problem and always remain impartial and ensure full confidentiality throughout.
HR SUPPORT WITH CLOVER HR
At Clover HR, our team can support your business, managers and employees regarding bullying and harassment in the workplace in several ways. Our qualified HR business partners can act as leading consultants, help you form and introduce a bullying and harassment policy, audit and update your existing one, as well as provide training for your managers and staff on workplace behaviours and how to address bullying and harassment. We can also provide workplace mediation services, acting on your behalf as an impartial mediator, providing fair and balanced resolutions.
Get in touch today and let us know what support you need, and we’ll provide the right solutions.
FREQUENTLY ASKED QUESTIONS
Can Managers be Accused of Workplace Bullying?
Yes, managers can be accused of workplace bullying if their behaviour is intimidating, degrading or unfairly critical. Bullying is defined by the impact on the individual, not the seniority of the person responsible. Managers have a responsibility to lead appropriately, and misuse of authority may result in disciplinary action or legal claims.
Is a Single Incident Enough to be Harassment?
In some cases, a single incident can be considered harassment, particularly if it is serious. Under the Equality Act 2010, harassment relates to unwanted conduct linked to a protected characteristic that violates someone’s dignity or creates an offensive environment. The severity and context of the behaviour will determine whether it meets the legal threshold. But, employees should always be encouraged to speak up about harassment, be it a single incident or concurrent instances.
How Should Employers Respond to a Complaint?
Employers should respond promptly, fairly and confidentially to any complaint of bullying. This includes acknowledging the issue, carrying out an impartial investigation and keeping all parties informed. Following guidance from Acas can help ensure procedures are handled consistently and appropriately, reducing the risk of escalation or legal disputes.
What is a Formal Grievance Procedure?
A formal grievance procedure is a structured process employees can use to raise concerns about workplace issues, including bullying and harassment. A formal grievance procedure typically involves submitting a written complaint, a formal meeting and an investigation, followed by a decision and the right to appeal. If you need help putting the right steps in place should a formal grievance be raised, Clover HR can help.
What Should be Included in a Workplace Policy on Bullying?
A workplace bullying policy should clearly define what constitutes bullying and harassment, outline reporting procedures and explain how complaints will be handled. It should also set out expected standards of behaviour, possible disciplinary actions and assurances around confidentiality. Regular training and communication help ensure the policy is understood and enforced.
What is Retaliation and is it Legal?
Retaliation is when an employee is treated unfairly for raising a complaint or supporting someone else’s complaint. This could include demotion, exclusion or negative treatment. In the UK, retaliation linked to protected characteristics or complaints under the Equality Act 2010 may be unlawful, and employers must take steps to prevent it and protect those who speak up.
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