Harassment and Bullying – When Work Becomes Hostile
Work should be a place where you feel respected, safe, and able to thrive. But when bullying or harassment enters the picture, it can make every day difficult. At MHHP Law, we support employees who are being mistreated and help them take control of the situation.
What Is Workplace Harassment?
Under the Equality Act 2010, harassment is unwanted behaviour related to a protected characteristic that:
- Violates your dignity, or
- Creates an intimidating, hostile, degrading, humiliating, or offensive environment
Protected characteristics include age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation. (Note: pregnancy/maternity and marriage/civil partnership are not separately covered by the harassment provisions, though other claims may apply.)
Harassment can happen face-to-face, by email, over the phone, or even through social media. It can be a one-off incident or a repeated pattern — and even if the offender didn’t mean to cause harm, it may still count if it reasonably causes offence.
Sexual harassment is also specifically prohibited. This includes any unwanted conduct of a sexual nature, such as inappropriate comments, gestures, touching, or displaying sexual images. You don’t need to have a specific protected characteristic to be protected from sexual harassment.
What About Bullying?
Bullying is behaviour that is intimidating, degrading, or offensive — even if it isn’t linked to a protected characteristic. It might include:
- Shouting or aggressive behaviour
- Spreading rumours
- Deliberately undermining or excluding someone
- Unwanted jokes or humiliation
Although bullying on its own isn’t always unlawful, your employer still has a duty of care. Persistent bullying can breach the implied term of mutual trust and confidence, and may give rise to claims like constructive dismissal if you’re forced to resign.
Employers’ Duties
Employers must:
- Provide a safe and respectful working environment
- Investigate complaints of bullying or harassment
- Take swift action where necessary
They are legally responsible for harassment carried out by employees in the course of their work, unless they can show they took all reasonable steps to prevent it. That includes proper policies, training, and clear processes for reporting concerns.
If an employer fails to address harassment or serious bullying, they could face claims for discrimination, breach of contract, or even personal injury in some cases.
New Legal Duty from October 2024
From 26 October 2024, employers have a new legal duty to take reasonable steps to prevent sexual harassment. This includes harassment by colleagues and by third parties such as customers or clients.
The new duty means that simply reacting to complaints isn’t enough — employers must be proactive. Failing to meet this duty can lead to a 25% uplift in compensation in successful tribunal claims. It’s now more important than ever that businesses get their workplace culture and procedures right.
What Can You Do?
- Keep records – of incidents, dates, what was said/done, and any witnesses
- Report the behaviour – to your line manager, HR, or union representative
- Make a formal complaint – using your employer’s grievance procedure
- Seek legal advice – especially if nothing changes or you suffer further consequences
You usually have three months less one day from the last incident to start an Employment Tribunal claim. You must first contact Acas for Early Conciliation, which may pause the time limit.
How We Can Help
At MHHP Law, we understand how emotionally draining harassment and bullying can be. We’ll help you understand your rights, decide how to raise the issue, and support you if you want to make a formal complaint or legal claim.
If you want advice on any matters relating to employment, you can contact Tayo Taylor at tayo.taylor@mhhplaw.com or on 020 3667 4783
MHHP Law LLP – Supporting Employees Across North London and Beyond.
