Workplace Bullying & Harassment Solicitors
No one should dread going to work. If your employer won't act, a tribunal will.
Workplace bullying and harassment can give rise to claims for Equality Act harassment, constructive dismissal, personal injury, and breach of the implied duty of trust and confidence. A specialist solicitor will assess your options — including whether you can claim without resigning.
Understanding Your Legal Options
Bullying and harassment at work — the claims available to you.
The law does not use the word "bullying" — but it provides several routes to redress. A solicitor will identify which applies to your situation and which is most likely to succeed.
Equality Act harassment
Where the unwanted conduct is related to a protected characteristic — age, disability, sex, race, religion, sexual orientation or gender reassignment — it constitutes harassment under the Equality Act 2010. You do not need to show the conduct was intended to be offensive, only that it had the effect of violating your dignity or creating a hostile environment. Compensation is uncapped.
Constructive dismissal
If the bullying or harassment is serious enough to constitute a fundamental breach of your employment contract — particularly a breach of the implied duty of trust and confidence — you may be entitled to resign and claim constructive dismissal. You need 2 years' service (unless the breach involves a protected characteristic), and must not delay before resigning.
Employer liability for colleagues' conduct
Employers are vicariously liable for harassment carried out by their employees in the course of employment — even if they were unaware it was happening. The only defence is to show they took all reasonable steps to prevent it. An employer who ignored a formal complaint, failed to train staff, or condoned the behaviour loses that defence entirely.
Personal injury from work-related stress
Where sustained bullying or harassment causes a recognised psychiatric condition — such as anxiety, depression or PTSD — a personal injury claim against the employer may also be available. This requires medical evidence linking the condition to the workplace conduct. Such claims are separate from tribunal proceedings and can run concurrently.
Grievance as a protective step
Raising a formal grievance is often advisable before bringing tribunal proceedings — it creates a written record, triggers your employer's obligation to investigate, and can support a later claim. A failure to raise a grievance may reduce any tribunal award by up to 25%. However, a grievance is not always a prerequisite, and in some cases it is better to seek legal advice first.
Evidence — what to keep
Document incidents as they happen: dates, times, what was said or done, who was present. Keep copies of emails, messages and any written complaints — send copies to a personal address before you lose access. Medical records showing the impact on your health are also relevant. The earlier you start gathering evidence, the stronger your position.