Bullying and harassment in the workplace

Bullying and harassment at work aren’t just difficult for the people involved — they can have a huge impact on your whole business too. While these words often get lumped together, they’re not quite the same thing. Understanding the difference is the first step to tackling the problem and creating a safe, positive workplace for everyone.

Spotting the signs early makes all the difference. When bullying or harassment goes unchecked, it can quickly chip away at morale, cause stress, and even shape a toxic culture. Worryingly, our research shows that nearly two in five employees have experienced bullying or harassment at work, and the effects can last long after the incidents happen.

As an employer, you have a vital role to play in stamping out this behaviour. By knowing what bullying and harassment look like, you can step in sooner, support those affected, and help everyone feel safe, respected, and valued at work.

Contents

1. What is workplace bullying?
2. What is harassment?
3. How to identify bullying and harassment in the workplace
4. The impact of bullying and harassment on employees
5. Legal framework: Bullying and harassment under the Equality Act 2010
6. How to prevent bullying and harassment in the workplace
7. How to handle bullying and harassment complaints
8. Legal consequences of failing to address bullying and harassment

What is workplace bullying?

Workplace bullying is any ongoing, unwelcome and targeted behaviour with the deliberate intention of undermining someone’s confidence or well-being or making the working environment more unpleasant for them. Unlike a one-off workplace conflict, bullying tends to carry on over time, targeting an individual with repeated negative actions. This could be anything from verbal abuse to deliberately leaving someone out, intimidating them, or, in extreme cases, physical aggression.

More often than not, bullying comes from a colleague in a position of power, but it can happen between peers, too. For the person on the receiving end, it can feel isolating and overwhelming, leading to stress, poor performance, and, in some cases, even pushing them to leave their job.

What is harassment?

Harassment at work is a type of unlawful discrimination. It happens when someone experiences unwanted behaviour linked to one of their protected characteristics under the Equality Act 2010 — things like age, disability, race, sex, religion or belief, gender reassignment, or sexual orientation. This behaviour must violate their dignity or create a hostile or intimidating environment.

Unlike bullying, harassment is defined by its impact, not how often it happens, or whether the perpetrator intends or realises the negative effect. Even one incident can count as harassment if it crosses the line. It can take many forms — words, actions, physical behaviour, or even online comments — and it can come from anyone: a manager, a colleague, or someone more junior.

If you’d like a bit more help getting your policies right, you can start by downloading our discrimination and harassment policy template.

How to identify bullying and harassment in the workplace

Spotting the signs of bullying and harassment early can make a huge difference. These behaviours can take many forms — some more obvious than others — and it’s not always easy to pick them out without clear examples.

Here are some of the most common things to look out for:

Examples of bullying

• Verbal abuse: This could include insulting, mocking or belittling someone, especially in front of others. Think name-calling, sarcastic remarks, or demeaning jokes.
  
• Exclusion: Leaving someone out on purpose — whether it’s from meetings, group chats, or team lunches — can lead to real feelings of isolation.
  
• Unfair criticism: Constantly pointing out mistakes without offering support or solutions, or singling someone out in front of others, can really knock a person’s confidence.
  
• Overbearing supervision: Micromanaging every little task or undermining someone’s abilities can make them feel like they’re never good enough.
  
• Cyberbullying: Hurtful messages over email, text, or social media — or spreading rumours online — can be just as damaging as face-to-face behaviour.

Examples of harassment

• Sexual harassment: This includes unwelcome comments, suggestive jokes, inappropriate gestures, or sharing explicit content.
  
• Racial or religious harassment: Offensive comments, stereotypes, or assumptions based on someone’s race or religion.
  
• Disability-related harassment: Making negative or mocking remarks about someone’s physical or mental health condition.
  
• Gender or sexual orientation harassment: Targeting someone for their gender identity or sexual orientation is unacceptable — whether it’s exclusion, remarks, or jokes.

Signs to watch for

• Changes in behaviour: You might notice someone becoming quieter, withdrawing from team activities, or showing signs of stress and anxiety.
  
• Performance dips: If someone’s work starts to slip, it could be a sign that something else is going on behind the scenes.
  
• Time off or lateness: Repeated absences or lateness might be more than just a scheduling issue — they could be a red flag for deeper problems.
  
• Conflicts at work: Frequent arguments or tension between colleagues may point to a wider issue that needs addressing.

Catching these signs early helps stop things from spiralling. A quick check-in, an open-door policy, or encouraging honest conversations can go a long way in creating a workplace where people feel safe, seen and supported.

The impact of bullying and harassment on employees

The effects of bullying and harassment don’t just stay in the moment; they can ripple out into every part of an employee’s life. From mental health to job performance, the toll can be deep and long-lasting.

Emotional and psychological effects

• Anxiety and stress: Living in fear of being picked on or humiliated can lead to constant worry, making it hard to focus or relax at work.
  
• Depression: Being on the receiving end of negative behaviour can chip away at someone’s confidence, leaving them feeling hopeless, unhappy, and emotionally drained.
  
• Low self-esteem: If someone is constantly criticised, excluded, or made to feel small, it’s no surprise they might start believing they’re not good enough.

Professional consequences

• Dip in performance: When someone’s mental wellbeing suffers, so does their work. They might struggle to concentrate, lose motivation, or feel disconnected from their role.
  
• More time off: The emotional weight of bullying or harassment can show up physically. Headaches, fatigue, or simply needing to escape the environment can lead to more sick days.
  
• Leaving the business: If things don’t improve, some employees may feel that their only option is resigning to seek a healthier, safer workplace elsewhere.

Broader organisational impact

• A toxic culture: If bullying or harassment are ignored, they can start to shape the overall culture, leading to low morale, broken trust, and poor collaboration across teams.
  
• Higher turnover: A revolving door of staff leaving due to mistreatment leads to more time and money spent on hiring and training — not to mention lost experience.
  
• Reputational damage: Word travels fast. A workplace known for bullying or harassment can struggle to attract new talent, retain staff, or build strong relationships with clients.

Legal framework: Bullying and harassment under the Equality Act 2010

Bullying and harassment at work aren’t just HR concerns — they can carry serious legal consequences too. Under the Equality Act 2010, if these behaviours involve discrimination linked to protected characteristics like age, race, sex, disability, or sexual orientation, employers could be held legally responsible.

Understanding the Equality Act 2010

The Equality Act makes it unlawful to treat employees unfairly because of certain protected characteristics. When someone experiences unwanted behaviour that makes their workplace feel hostile, intimidating, or humiliating — and that behaviour is linked to one of these characteristics — it’s classed as harassment under the law. 

Now, while the Act doesn’t specifically mention bullying, things change if the bullying is tied to a protected characteristic. In those cases, it could legally be classed as harassment, or other forms of discrimination. And that’s where potential legal claims come into play.

Legal ramifications of harassment

• Discrimination claims: If an employee is harassed based on a protected characteristic, they can take the matter to an employment tribunal. The awards for these claims are uncapped – meaning any successful claim could be disastrous for a small business.
  
• Constructive dismissal: If the work environment becomes so toxic that someone feels they have no choice but to leave — and you are considered not to have taken reasonable steps to fix the issue — you could be looking at a claim for constructive dismissal, which will be classed as an unfair dismissal.
  
• Compensation: Successful claims can lead to compensation for things like emotional distress, loss of income, and damage to the employee’s wellbeing, which can add up quickly. In 2023/24, for example, the highest maximum award at an employment tribunal was for Sex Discrimination, at £995,000.
  

Legal ramifications of bullying

Even though bullying isn’t explicitly covered under the Equality Act, that doesn’t mean it’s risk-free. If it constitutes discrimination, or if it breaches an employee’s contract or rights, you could still face legal trouble.

If an employee takes action, you’ll need to show that you had clear anti-bullying policies in place, and that you acted fairly and quickly once concerns were raised. If you didn’t, your business could face claims of unfair dismissal or even constructive dismissal.

How to prevent bullying and harassment in the workplace

Prevention is always better than a cure. And when it comes to bullying and harassment, it’s about more than just policies — it’s about creating a culture where respect, inclusion, and kindness are part of the day-to-day.

In relation to sexual harassment in particular, the Worker Protection Act 2023 created an obligation for employers to take reasonable steps to prevent harassment, and a Code of Practice issued by the Equality and Human Rights Commission set out a duty on employers to seek to prevent harassment by third parties. Failure to meet these obligations can result in increased compensation against the business in any employment tribunal claims.

Here are some practical steps to help stop bullying and harassment before they start:

1. Establish clear policies and procedures

Start by putting clear, practical policies in place. They should explain what bullying and harassment look like, how to report them, and what happens when someone steps over the line.

Your policies should be:

• Comprehensive: Cover all types of bullying and harassment, from verbal and physical to online behaviour.
  
• Accessible: Make sure everyone knows where to find them, and that they’re written in plain English.
  
• Consistently enforced: Apply your policies fairly, no matter someone’s job title or how long they’ve been with you.

2. Provide training and awareness programmes

Helping people understand what’s OK, and what’s not, is key. Ongoing training will:

• Promote understanding: Give employees real-world examples so they can spot unacceptable behaviour and understand the damage it causes.
  
• Empower your team: Build confidence so people know how to speak up — whether they’re directly affected or supporting a colleague.
  
• Support your managers: Equip managers with the tools to step in early, handle complaints correctly, and set the tone from the top.

3. Foster a zero-tolerance culture

When you make it clear that bullying and harassment won’t be tolerated, people are far less likely to let things slide. That culture shift starts with leadership.

• Lead by example: Your senior team should model respectful behaviour and call out anything that falls short.
  
• Encourage open conversations: Make it easy for people to raise concerns, and make sure they know they’ll be listened to, not punished.
  
• Act fast: Don’t wait to step in. Quick action sends a strong message that these behaviours won’t be brushed aside.

4. Promote respectful behaviour across all levels

Respect is a core value that should run through every part of your business. Here’s how to put it into practice:

• Set clear expectations: Let people know what respectful behaviour looks like, and why it matters.
  
• Celebrate the good stuff: Recognise team members who help create a positive, inclusive environment.
  
• Embrace inclusivity: Make space for different voices and perspectives. When everyone feels valued, respect comes naturally.

5. Create an action plan for dealing with complaints

Knowing how to respond when something goes wrong is just as important as prevention. A clear plan makes employees feel supported and shows you take their concerns seriously.

Your process should:

• Outline clear steps: Show how to raise a concern, what the investigation process looks like, and what action you’ll take.
  
• Offer support: Whether it’s access to counselling, a trusted person to talk to, or mediation, make sure help is available.

Checklist for preventing bullying and harassment

Here’s a quick snapshot to help keep your culture on track:

• Put a clear anti-bullying and harassment policy in place
• Run regular training and awareness sessions
• Take a zero-tolerance stance on inappropriate behaviour
• Make reporting simple, safe, and transparent
• Act quickly and fairly when concerns are raised
• Create a workplace where everyone feels supported and respected

How to handle bullying and harassment complaints

When an employee raises a bullying or harassment complaint, how you handle it is crucial. The process needs to be fair, sensitive, and transparent for the sake of both the employee and your business. With a clear, structured approach, you can make sure the matter is dealt with properly and everyone feels respected. Here’s a simple, step-by-step guide for managing complaints:

1. Take complaints seriously

First and foremost, take every complaint seriously. When an employee comes to you with concerns, let them know that you’re listening and that their issue will be investigated thoroughly. Acknowledge the emotional impact of the situation and reassure them that no one will face retaliation for raising a concern.

2. Clarify how the employee wants the complaint handled

It’s important to understand how the employee would like to proceed. Do they want to stay anonymous or would they prefer a formal investigation? As much as possible, work with the employee’s preferences, while still sticking to your company policies and legal obligations.

3. Encourage detailed disclosure

To get a full picture, encourage the employee to provide as much detail as possible. Dates, times, and witnesses can really help when it comes to understanding what happened. It’s essential that they feel comfortable sharing, so let them know everything will remain confidential.

4. Provide support throughout the process

Supporting the employee is a priority. Make sure they know their wellbeing is important and offer resources like counselling or employee assistance programmes (EAPs) if needed. And check that they feel heard, not dismissed, and avoid making them feel like they’re overreacting or being too sensitive.

5. Handle the complaint confidentially

Confidentiality is key for both the employee who has raised the complaint and the alleged perpetrator. Only involve those who need to be in the loop — like HR, senior management, or legal advisors. Reassure the employee that their privacy will be respected throughout the investigation.

6. Investigate the complaint thoroughly

When you investigate, do it fairly and impartially. Speak with witnesses, look at any relevant evidence (such as emails or social media), and give the accused person a chance to respond. The investigation should be done promptly, and you should keep the employee updated along the way.

7. Take appropriate action

Once you’ve completed your investigation, it’s time to take action. If bullying or harassment is confirmed, apply the necessary disciplinary measures, based on your company’s policies. Depending on the severity, this could mean a warning or even dismissal for gross misconduct.

If the complaint isn’t upheld, be sure to explain why and remain supportive. It’s important that the employee doesn’t feel isolated, and you can offer advice on resolving any misunderstandings.

By following this straightforward process, you can address complaints in a way that’s both thorough and fair, protecting everyone involved. Show your employees that you take these issues seriously and are committed to maintaining a safe, respectful workplace.

Legal consequences of failing to address bullying and harassment

If bullying or harassment complaints aren’t handled properly, the legal consequences for employers can be severe. Beyond affecting your workplace culture, failing to act can also lead to costly legal claims and serious reputational damage. Here are the key legal risks:

1. Employment tribunal claims for unfair dismissal

If an employee is forced to leave due to a toxic work environment caused by bullying or harassment, they could file a claim for constructive dismissal. This is where the work environment is so unbearable that the employee feels they have no choice but to resign. If the Employment Tribunal decides the employer didn’t act reasonably, they could order compensation for unfair dismissal.

2. Discrimination claims

Under the Equality Act 2010, harassment related to a protected characteristic (like race, sex, or disability) is unlawful discrimination. Employees who experience this can take their claim to an Employment Tribunal. If the tribunal finds in their favour, you could be required to pay compensation for emotional distress, lost wages, and career progression.

3. Personal injury claims

In some severe cases, bullying or harassment can lead to serious emotional or psychological harm. Employees might file a personal injury claim for the distress caused. This could include claims for stress, anxiety, or depression. Employers may be liable for damages, medical expenses, and compensation for the employee’s impact on personal and professional life.

4. Violations under the Protection from Harassment Act 1997

If the harassment is severe enough, it could lead to a civil claim under the Protection from Harassment Act 1997. In extreme cases, harassment can result in criminal charges, with employers potentially facing unlimited fines. This Act makes it clear that employers must take reasonable steps to prevent harassment, and failure to do so can result in serious consequences.

5. Reputational damage

Beyond the direct legal risks, failing to act quickly on bullying and harassment complaints can also severely damage your business’s reputation. Word can spread fast, and negative publicity will not only hurt employee morale, but it could also hinder recruitment efforts and harm client relationships. Being proactive and transparent when handling complaints protects your business and shows your commitment to employee welfare.

Preventing bullying and harassment in the workplace with Citation

Bullying and harassment aren’t just problems for the people directly involved — they can lead to significant emotional, legal, and reputational risks for your business. But the good news is, you can minimise these risks by taking a proactive approach.

By implementing clear policies, offering training, and fostering a culture of respect and inclusivity, you can create a workplace where everyone feels safe, supported, and valued.

If you need help developing robust anti-bullying and harassment policies or handling specific cases, Citation’s HR & Employment Law experts are here to help. With years of experience, we can guide you through the complexities of bullying and harassment in the workplace, making sure you stay compliant and protect your team’s wellbeing.

Get in touch with our team today to guarantee your workplace is safe, respectful, and legally compliant. Call us on 0345 844 1111 or email hello@citation.co.uk for expert advice and support. And if you’re already a Citation client, don’t forget that you can access our advice line 24/7 on 0345 844 4848 for immediate guidance.