Harassment & Bullying
Being on the receiving end of unwanted conduct at work, whether that is intimidation, humiliation, or a pattern of behaviour that wears you down, is not something you should have to accept as part of the job. The legal position depends on the nature of the conduct, so it is worth understanding how the different protections fit together.
What the law says
Harassment related to a protected characteristic (such as age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation) is unlawful under the Equality Act 2010. It covers unwanted conduct that has the purpose or effect of violating someone's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
"Bullying" itself is not a standalone statutory claim in England and Wales. Where conduct at work does not relate to a protected characteristic, it will not fall within the Equality Act, but it may still give you a remedy in other ways: it can support a constructive dismissal claim if it amounts to a fundamental breach of the trust and confidence your employer owes you and you resign in response, or in more serious cases it may amount to a course of conduct actionable under the Protection from Harassment Act 1997.
Employers also now carry a proactive duty in this area. Since October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 requires employers to take reasonable steps to prevent sexual harassment of their workers, rather than only addressing it after the fact. Where an employer has failed to take reasonable steps, an employment tribunal can uplift compensation in a successful sexual harassment claim.
Because the correct legal route depends heavily on the facts, and can involve overlapping claims, this is an area where an accurate initial assessment matters.
How RGF helps
We listen to what has actually happened and work out which legal framework, or combination of frameworks, applies: Equality Act harassment, a possible constructive dismissal, or in serious cases the Protection from Harassment Act. Getting this right at the outset shapes the evidence you need and the time limits that apply.
Where resignation is being considered, we advise on the risks and the right way to go about it before you act, since a poorly handled resignation can undermine an otherwise strong case. We also advise on raising a formal grievance, and on whether your employer's response, or lack of one, strengthens your position.
What to do next
Speak to one of our solicitors to find out where you stand. We will explain your options in plain English before you decide what to do next.
Frequently asked questions
Is bullying against the law?
Bullying is not, on its own, a standalone legal claim in England and Wales. Whether it gives rise to a legal remedy depends on what form it takes. If it is related to a protected characteristic, it may amount to harassment under the Equality Act 2010. If it involves a serious pattern of unwanted conduct, it may fall under the Protection from Harassment Act 1997. If it makes your position untenable, it may support a resignation and a constructive dismissal claim.
What is the difference between bullying and harassment?
"Harassment" has a specific legal meaning under the Equality Act 2010: unwanted conduct related to a protected characteristic, such as sex, race, disability or age, that violates someone's dignity or creates a hostile or intimidating environment. "Bullying" is a broader, non-legal term that can describe conduct with no connection to a protected characteristic, which is why it does not automatically give rise to a tribunal claim in the way harassment does.
What is the new duty on employers to prevent sexual harassment?
Since October 2024, under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers have a duty to take reasonable steps to prevent sexual harassment of their employees, rather than simply responding after it happens. A tribunal can increase compensation where an employer has failed in this duty.
Can I resign because of bullying and still bring a claim?
Potentially, yes, if the treatment amounts to a fundamental breach of trust and confidence and you resign promptly in response to it. This is known as constructive dismissal. It is a difficult claim to prove, so it is worth taking advice before resigning, since resigning in the wrong way can weaken your position.