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Is workplace bullying illegal?

Short answer

There is no single law against bullying itself. But where it relates to a protected characteristic it is harassment under the Equality Act 2010, and bullying can also breach your employer’s duty of care, support a constructive dismissal claim, or amount to harassment under the Protection from Harassment Act 1997.

"Workplace bullying" is not a legal category, which is why complaints so often stall. The behaviour is addressed through several other routes instead, and the strongest one depends on the facts.

The legal routes

  • Harassment under the Equality Act 2010 — where the conduct relates to a protected characteristic such as sex, race, disability or age. This is the most established route and carries no qualifying period of service.
  • Constructive dismissal — where bullying breaches the implied term of mutual trust and confidence so seriously that you are entitled to resign and treat yourself as dismissed. Take advice before resigning: the bar is high and the risk sits with you.
  • Health and safety duties — the Management of Health and Safety at Work Regulations 1999 require employers to assess and manage risks to psychological wellbeing, and a personal injury claim is possible where health has been damaged.
  • Protection from Harassment Act 1997 — persistent conduct amounting to a course of harassment can engage this Act, whether or not any protected characteristic is involved.

Building the record

Whatever route you use, evidence decides it:

  • Keep a dated log of incidents — what was said or done, who was present, and the effect on you and your work.
  • Preserve emails and messages, and note conversations in writing afterwards.
  • Raise a formal written grievance. This is the essential step: it creates a record, forces a response, and protects you at tribunal. Cite your employer’s dignity at work policy — failure to follow their own procedure or timescales strengthens a later claim and can itself breach mutual trust and confidence.
  • If the bully is your manager, address the grievance to a more senior manager or HR. Where it reaches the top of the organisation, the Acas helpline can advise on external options.

You cannot lawfully be punished for complaining in good faith: dismissal for raising a genuine bullying grievance is automatically unfair with two years’ service, and an unlawful detriment with less. If nothing changes, notify Acas for Early Conciliation — the tribunal deadline is generally three months less one day from the conduct complained of.

Read the full guide: Workplace BullyingCovers eligibility, the process, deadlines, and next steps in depth.

Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.