Bullying and harassment in the workplace can have serious legal, emotional, and organisational consequences. For HR professionals, it's essential to understand your legal obligations - and just as importantly - how to build a culture that prevents these behaviours from taking root.
Here’s an easy-to-follow guide to help you meet your responsibilities, protect your people, and strengthen your culture.
Step 1: Understand the definitions (and the difference)
Bullying is not defined in UK law, but it's widely understood as behaviour that is offensive, intimidating, or undermining—often involving a misuse of power.
Examples include:
Persistent criticism
Spreading rumours
Exclusion from team activities
Setting up someone to fail
Harassment, on the other hand, is defined in law. Under the Equality Act 2010, it’s unwanted conduct related to a protected characteristic (e.g. age, sex, race, disability, religion, or sexual orientation) that causes someone to feel intimidated, humiliated, or offended.
It includes:
Sexual harassment
Derogatory jokes or comments
Offensive emails or images
Treating someone badly after they reject advances
Both can happen face-to-face, online, by phone, or at work-related events.
Step 2: Know your legal duties
Employers have a duty of care to provide a safe working environment. This includes taking reasonable steps to prevent bullying and harassment.
Recent legal update: Since October 2024, the Worker Protection Act introduced a new duty to proactively prevent sexual harassment. Failing to do so could mean higher compensation awards in tribunal claims.
Other legal risks include:
Claims under the Equality Act for discrimination or harassment
Constructive unfair dismissal claims
Personal injury claims (for mental health harm)
Vicarious liability for employees’ actions—even at off-site events
Step 3: Strengthen your policies, training, and culture
To comply with the law and create a respectful workplace, make sure you have:
Clear policies on bullying and harassment, with definitions, examples, and reporting steps
Training for all staff (especially managers), refreshed regularly and based on real scenarios
Multiple reporting routes, so staff can speak up even if the issue involves their line manager
Strong leadership—senior staff must lead by example and model respectful behaviour
Ongoing monitoring, using staff surveys, exit interviews, and anonymous feedback to identify issues early
Step 4: Act fast and fairly on complaints
Whether a complaint is informal or formal, HR must act promptly and objectively. Here’s how:
Informal route: Sometimes, early resolution like a quiet word or mediation may be appropriate—especially if the person raising the issue agrees.
Formal complaints:
Follow your grievance procedure carefully
Investigate impartially and gather evidence (e.g. emails, witness statements)
Support both the complainant and the accused throughout
Take action where needed—this could include training, warnings, or dismissal for serious misconduct
Keep detailed records at every stage to show compliance with legal duties
Don’t forget: the investigation process can be stressful. Offering access to employee assistance programmes or temporary work changes can help reduce pressure.
Step 5: Stay ahead of legal and cultural risks
Why it matters:
Failure to deal with bullying and harassment can lead to:
Tribunal claims with uncapped compensation
Loss of talent and morale
Reputational damage
High turnover and lost productivity
Alarming stats:
Most organisations still don’t properly measure or track workplace culture
Many lack up-to-date, centralised policies
Few offer practical anti-harassment training beyond tick-box e-learning
Don’t be one of them. Regularly review your policies, procedures, and training to ensure they’re effective and legally compliant.
Your HR checklist
Understand and define bullying and harassment, with clear examples
Communicate your legal duties and employer responsibilities
Put in place robust policies, procedures, and practical training
Respond quickly and fairly to all complaints
Keep detailed documentation and follow proper processes
Monitor and proactively manage your workplace culture
Preventing bullying and harassment is not just about avoiding tribunal claims—it's about creating a workplace where people feel safe, respected, and able to thrive. For HR, that starts with clarity, action, and leadership from the top.
Need help reviewing your policies or training approach? Now’s the time to act.
This article was created with insights from Lex HR - your always-on HR legal assistant. Lex HR helps HR professionals navigate complex employment law with confidence, providing real-time, reliable advice tailored to your needs. Try it free today and see how much easier compliance can be.
