Workplace Bullying and Harassment Advice for Employers

Workplace bullying and harassment can have devastating effects on staff wellbeing and productivity. For employers, failing to address these issues can lead to high turnover and reputational damage. In the most extreme cases it can also result in costly legal claims. A proactive and structured approach is essential to protect both your employees and your business.

What Is Workplace Bullying and Harassment?

While bullying is not specifically defined in UK legislation, harassment is unlawful under the Equality Act 2010 when it relates to a protected characteristic such as age, sex, race, religion, or disability. Bullying, however, can still give rise to claims if it amounts to a breach of contract or a breach of health and safety duties. It is also the case that Bullying can result in claims for constructive dismissal,

Bullying can involve repeated offensive, intimidating, malicious or insulting behaviour, or abuse of power that undermines or humiliates the victim. Harassment has a specific legal definition, involving unwanted conduct that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

Employers must also remember that a single incident may be severe enough to constitute harassment if it has a significant impact.

Examples of Bullying and Harassment

Bullying and harassment can take many forms. Examples include:

Spreading malicious rumours or insulting someone by word or behaviour
Deliberately excluding or isolating an employee
Misuse of power, position or overbearing supervision
Unwelcome jokes or comments that humiliate or demean, including banter
Unwanted physical contact or sexual advances
Offensive emails, messages, or posts on social media

These behaviours may be overt or subtle, but both can cause significant harm. It is not necessary for the perpetrator to intend harm; what matters is the effect on the victim.

Employer Responsibilities and Risks

Employers have a duty of care to protect employees from bullying and harassment at work. This includes responsibilities under health and safety law to provide a safe working environment. If bullying or harassment is not addressed, you may face claims for constructive dismissal, discrimination or personal injury.

Tribunals and courts will also look at whether your business has clear policies and whether those policies were followed. Employers who fail to act on complaints risk not only legal exposure but also reputational harm that can affect recruitment and retention.

Creating a Bullying and Harassment Policy

A clear workplace bullying and harassment policy is one of the most effective tools employers can use. It should include:

A statement that bullying and harassment will not be tolerated
Definitions and examples of unacceptable behaviour
Clear reporting procedures including confidential routes
Details of how complaints will be investigated
Disciplinary consequences for perpetrators
Support measures for those affected

Policies must be well-communicated and regularly reviewed. Simply having a policy is not enough, it needs to be accessible and staff need to believe it will be enforced consistently and fairly.

For Free Employment Law Advice for Employers Call John Bloor at EBS Law on 01625 87 4400

Handling Complaints of Bullying and Harassment

When a complaint is made, speed and sensitivity are crucial. Mishandling complaints can escalate the issue and increase liability. Employers should:

Acknowledge the complaint quickly and explain the process to the employee
Appoint an impartial investigator who can assess the facts objectively
Gather evidence through interviews, records, and communications
Maintain confidentiality wherever possible to protect all parties
Reach a decision based on evidence and communicate it in writing
Provide the employee with the right to appeal

It is important to offer support to both the complainant and where necessary, the accused. Investigations should be fair and thorough. They should also be documented in detail.

Disciplinary Action and Resolution

If bullying or harassment is upheld, proportionate disciplinary action should be taken. This could range from training or mediation to dismissal in serious cases. At the same time, you should consider what changes are needed to prevent recurrence. This might include refresher training or team workshops on respectful behaviour.

Preventing Workplace Bullying and Harassment

Prevention is better than cure. Employers should foster a culture of respect and openness alongside practical measures such as:

Regular staff training on bullying, harassment and equality issues
Clear communication from leadership about zero tolerance
Anonymous reporting channels to encourage staff to speak up
Monitoring of grievance and disciplinary data for patterns
Ensuring fair access to opportunities and promotions

Prevention also involves leadership setting the tone. Senior staff must lead by example and demonstrate commitment to a safe and inclusive environment.

Real-World Scenarios

Scenario 1: An employee is excluded from team meetings and mocked behind their back. The employer investigates and finds the behaviour bullying. The individuals responsible are disciplined and coaching is offered to the team.

Scenario 2: A line manager frequently shouts at junior staff and belittles them in front of colleagues. Complaints are raised and the employer takes disciplinary action as well as management training for others.

Scenario 3: An employee receives repeated offensive jokes by email relating to their religion. The employer investigates swiftly, upholds the complaint as harassment and issues a final written warning to the perpetrator while revising IT policies on email use.

How EBS Law Can Help

Workplace bullying and harassment cases can be highly sensitive and complex. At EBS Law, we advise employers on how to prevent issues through having robust policies. If you receive a complaint we can advise you on the investigation process and defend claims if they arise. With our support, you can ensure your processes are legally compliant and minimise disruption to your business.

For further information, you may find these pages on our website helpful:

Contact John Bloor today for expert support at EBS Law. We’re here to ensure your business stays protected every step of the way. Call 01625 874400 or email enquiries@ebslaw.co.uk.