Workplace bullying: Employer responsibilities and HR best practice

The UK’s Anti-Bullying Week (10-14 November) is an important time for employers to reflect on their responsibilities to ensure a safe and respectful workplace. We explore what workplace bullying is, the obligations of employers and practical steps to foster a culture of respect.

What is workplace bullying?

There is no legal definition of bullying in the UK. ACAS describes it as unwanted behaviour from a person or group that is either:

• Offensive, intimidating, malicious or insulting
• An abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.

Bullying can be a one-off incident or a pattern of behaviour. It may occur face-to-face, on social media, email, or phone, and can happen at work or in work-related settings. It is not always obvious and may be subtle and not immediately visible to others.

Examples include:

• Persistent criticism of someone’s work
• Spreading malicious rumours
• Excluding someone from meetings or social events
• Assigning an unfair workload
• Posting humiliating or offensive comments or photos online.

When bullying might be harassment

Bullying and harassment are often confused. By law (Equality Act 2010), bullying behaviour can be harassment if it relates to any of the following 'protected characteristics': age; disability, gender reassignment; race; religion or belief; sex; sexual orientation.

Unlike harassment, bullying isn’t covered by specific legislation but there are legal protections. Employers have a duty of care to keep employees safe at work. Failure to do so may result in employees bringing claims. Persistent or serious bullying can lead to claims of constructive dismissal if someone resigns because of their treatment.

The impact of individuals and organisations

Bullying and harassment are serious issues that affect the mental health, safety, productivity and retention of workers, and present legal and operational risks for organisations. 

Those who are bullied may experience reduced confidence, mental health issues such as anxiety and depression and even physical health issues. 

Organisations can also suffer from:

• Reduced morale and engagement
• Stifled innovation and productivity
• Higher staff turnover rates
• Increased absence
• Health and safety issues
• Legal and reputational risks.

How widespread is bullying?

Unfortunately, workplace bullying is fairly common, with more than one in 10 people suffering, according to the CIPD's latest figures. Women are significantly more likely than men to be affected.

The legal framework

Key employee protections from bullying and harassment at work are found in the:

• Health and Safety at Work Act 1974: Employers have a duty to ensure the health, safety, and welfare of employees, which includes psychological safety
• Employment Rights Act 1996: A fundamental breach of the employee’s contract by the employer, such as failure to deal with bullying in the workplace, may amount to constructive dismissal
• Equality Act 2010: Harassment related to protected characteristics (e.g. race, gender, religion) is unlawful

Since 26 October 2024, employers have had a proactive duty to take reasonable steps to prevent sexual harassment of their staff in the workplace. They duty covers not only harassment between employees but also harassment by third parties, such as clients or customers. 

The Employment Rights Bill, which is expected to become law shortly, will introduce further responsibilities for employers from October 2026, including:

• A tougher duty to prevent sexual harassment: Employers will need to take “all reasonable steps” - not just “reasonable steps” - to prevent sexual harassment in the workplace. This is likely to involve measures such as risk assessments, action plans, staff training and clear procedures for handling complaints
• New liability for third party harassment: Employers could be held responsible if an employee is harassed by a third party (e.g. a client or customer) in the course of their employment, and the employer failed to take all reasonable steps to prevent it. This applies to harassment on any protected ground, not just sexual harassment.

How should an employer handle a bullying complaint?

Employees may hesitate to report bullying for fear of career repercussions. Organisations must have clear, fair procedures for dealing with complaints and act quickly to resolve them. If bullying is found, it should be addressed through training, coaching, or disciplinary action. 

Creating a culture of respect

Addressing workplace bullying requires more than policies, it requires cultural change. 

Organisations can take action by:

• Implementing clear anti-bullying and harassment policies
• Taking action to comply with the proactive duty to prevent sexual harassment. For further details of steps you should take, read more here 
• Educating and training staff on respectful conduct and how to recognise and respond to bullying
• Encouraging reporting through confidential, accessible channels for complaints
• Ensuring complaints are taken seriously and investigated thoroughly
• Holding leaders accountable for modelling respectful behaviour and responding appropriately to incidents
• Including bullying and harassment risks in safety management systems
• Supporting victims, for example with access to HR, mental health resources and peer support networks.

ACAS provides detailed guidance for employers on preventing and handling bullying and harassment.

Conclusion

Workplace bullying is not just a moral issue for employers – but presents legal and operational risks. By fostering a respectful culture and taking proactive steps to prevent and address bullying, organisations can protect their workforce, enhance employee retention, and minimise exposure to risk.