Bullying vs. Harassment — What's the Legal Difference?
"Bullying" has no specific legal definition in UK employment law — but it can trigger legal claims through other routes. "Harassment" under the Equality Act 2010 (s.26) is a defined legal concept with specific requirements:
Unwanted conduct related to a protected characteristic (age, disability, race, sex, etc.) that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. No qualifying period — claim from day one.
If bullying amounts to a fundamental breach of the implied duty of trust and confidence, you can resign and claim constructive unfair dismissal. Usually needs 2 years' service. You must resign promptly or risk "affirming" the breach.
A civil tort claim (in the county court, not the ET) available where a course of conduct (at least two incidents) amounts to harassment. Can award damages for anxiety and financial loss. No need for a protected characteristic.
Where bullying has caused a diagnosed psychiatric condition (work-related stress, anxiety, depression), a personal injury claim against the employer may be available. 3-year limitation period.
What Behaviour Counts as Workplace Bullying?
Bullying includes a pattern of behaviour — but a single serious incident can also be sufficient. Examples include:
- Excessive criticism, unreasonable workload, or impossible targets
- Shouting, humiliating, or belittling in front of colleagues
- Excluding you from meetings, social events, or communications
- Spreading false rumours or undermining your reputation
- Removing responsibilities without reason ("managed out")
- Constant surveillance, micromanagement, or unreasonable monitoring
- Threatening disciplinary action without grounds to intimidate
- Sexual comments, "banter", or physical contact
Your Employer's Duty & Vicarious Liability
Employers have a duty under the Health and Safety at Work Act 1974 to ensure, so far as reasonably practicable, the health, safety, and welfare of their employees — including protection from workplace stress and harassment.
Under the Equality Act 2010, employers are vicariously liable for harassment carried out by their employees in the course of employment — unless they can show they took all reasonable steps to prevent it. A defence relying on "banter" or "workplace culture" is unlikely to succeed where a policy existed but was not enforced.
Common Situations We Help With
What You Should Do — and Not Do
- 📓 Keep a contemporaneous log — date, time, what was said or done, who was present, and how it made you feel
- 📧 Save evidence — emails, messages, screenshots (check your employer's policy on exporting data first)
- 🏥 See your GP — a medical record linking your condition to workplace events is powerful evidence
- 📋 Raise a formal grievance — failing to use internal procedures can reduce tribunal awards; it also evidences the employer's response (or failure to respond)
- 🚫 Don't resign immediately — if you want to pursue constructive dismissal, get legal advice first; resigning prematurely may still qualify, but timing and wording matter
- 📞 Contact a solicitor before doing anything irrevocable — resigning, signing documents, or accepting settlement
Bullying & Harassment — Typical Claim Pathway
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1
Raise a formal grievance
Set out the incidents in writing, refer to your employer's dignity at work / anti-harassment policy, and request a formal response. Your employer must respond within a reasonable time and allow you to appeal.
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2
Outcome & appeal
If the grievance is upheld, the employer should take disciplinary action against the perpetrator. If dismissed or ignored, this strengthens your tribunal or court claim. Exercise your right of appeal.
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3
ACAS Early Conciliation
Whether you have resigned (constructive dismissal) or remain employed (harassment, victimisation), contact ACAS before lodging a tribunal claim. EC can resolve the dispute by negotiated settlement.
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4
Employment Tribunal or County Court
Equality Act harassment claims go to the ET; Protection from Harassment Act 1997 and personal injury claims go to the civil courts. A solicitor will identify the most suitable route(s) for your situation.
Frequently Asked Questions
Is workplace bullying illegal?
There is no specific law against workplace bullying in the UK — but bullying can constitute Equality Act harassment (if linked to a protected characteristic), give rise to constructive dismissal, or found a claim under the Protection from Harassment Act 1997. Employers are also under a health and safety duty to prevent it.
Can I claim if I'm still employed?
Yes. You do not have to leave to bring an Equality Act harassment or victimisation claim. You can also claim for ongoing harassment while remaining in employment. Time limits run from each act of harassment (or the last in a series of related acts).
My employer says it was just "banter" — does that matter?
No. Under s.26 Equality Act 2010, harassment is judged partly by its effect on the recipient, not only the intention of the perpetrator. If the conduct had the effect of violating your dignity or creating an intimidating or offensive environment — even if "meant as a joke" — it may still constitute unlawful harassment.
What if the bullying caused me to be signed off sick?
A GP-certified stress-related absence is strong evidence linking the employer's treatment to your condition. Where the bullying caused a diagnosed psychiatric condition, you may have both a tribunal claim (constructive dismissal or harassment) and a personal injury claim for the psychological harm. A solicitor can advise on both routes.