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Harassment - in relation to employment - has a legal definition, but bullying does not.

Bullying

There is no single legal definition of bullying, but it can include:

• offensive or insulting behaviour by another employee which makes an individual feel threatened, or taken advantage of
• humiliation of an employee
• less obvious ways of making an employee feel frightened or demoralised

Common forms of bullying

Some common forms of bullying are:

• verbal abuse, eg, persistent taunting
• physical violence or violent gestures
• public humiliation of an employee

Subtle forms of bullying

However, bullying can be more subtle, such as:

• giving someone an impossible deadline
• removing an employee's responsibilities and giving them more menial tasks
• withholding information or giving false information
• excluding them from a meeting or meetings relevant to them

Harassment

Harassment on the grounds of, or in some cases, related to the following is explicitly prohibited in employment and vocational training:

• sex, including pregnancy and maternity
• marital/civil partnership status
• gender reassignment
• race, including colour, nationality, and ethnic or national origins
• disability
• religion/belief or political opinion
• sexual orientation
• age
• sexual harassment
• trade union membership or non-membership
• status as a fixed-term or part-time worker

Definition of harassment

Harassment is defined as any unwanted conduct related to these protected social identities that has the purpose or effect of either:

• violating the dignity of an individual
• creating an intimidating, hostile, degrading, humiliating, or offensive environment for an individual

Note that an employee can claim harassment even if the harassment was not actually directed at them, eg, when a female worker overhears a female colleague being verbally harassed by a male colleague and it violates their dignity.

Sexual harassment

Sexual harassment is defined as any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature that has the purpose or effect of either:

• violating an individual's dignity
• creating an intimidating, hostile, degrading, humiliating, or offensive environment for an individual

It can also occur when an individual:

• rejects the unwanted conduct mentioned above or unwanted conduct related to gender reassignment or sex, and
• is treated unfairly as a result

It's important to note that, while sexual harassment is commonly committed by a man against a woman, it can also be committed by a woman against a man, by a man against another man, or by a woman against another woman.

Third-party harassment

It is unlawful to allow an employee to be persistently sexually harassed by a third party, eg a client or customer.

However, you may only be liable for such harassment if:

• you know that the employee has been sexually harassed in the course of their employment on at least two other occasions by a third party, and
• you have not taken reasonable steps to stop it from happening to that person again

Note that it does not matter whether the third party is the same or a different person on each occasion.

Examples of third-party sexual harassment include:

• embarrassing or otherwise offensive jokes
• unwelcome physical contact or sexual advances
• the expression of sexist views
• lewd comments and innuendo
• the sending of offensive emails, text messages, etc
• displays of pornographic material

It is possible that some incidents of harassment may not be covered by the anti-discrimination legislation, as they may actually be incidents of bullying. However, if an employer fails to deal with any form of bullying or harassment, the victim could resign and claim constructive dismissal. Read more on the impact of bullying and harassment.

It is good practice for employers to have a bullying and harassment policy giving written examples of what is unacceptable behaviour in their organisation. See drawing up an anti-bullying and harassment policy.

Bullying and harassment may occur because of underlying problems in the workplace

Underlying problems that may contribute to bullying and harassment

• Poor job design and work relationships.
• Lack of accountability.
• Existence of a particular culture at work.
• Over-competitive environment.
• Work pressures.
• Individual factors, eg, feelings of jealousy or inadequacy or low self-esteem.
• Conditioning, where fulfilling a goal by bullying results in repetition of the behaviour to achieve goals. This can transfer from workplace to workplace with the individual or be specific to an organisation.
• A climate of insecurity, eg, fear of redundancy.
• Rigid management style.
• Abuse of power.
• Lack of procedure for resolving problems.

If bullying and/or harassment are a problem in your workplace, try to find out why it's happening before taking action.

Challenge unacceptable behaviour

For example, if a number of employees have started to complain of being on the receiving end of sexist jokes, it may be that there is a culture of sexist banter in your workplace. If so, you could:

• Intervene and caution that such banter is inappropriate and will not be tolerated in the workplace. You could initially deal with this matter informally by indicating the potential for formal action.
• Take some form of disciplinary action against those telling the jokes, eg verbal or written warnings.
• Remind all your staff about your bullying/harassment policy, eg, that bullying and harassing colleagues is a serious disciplinary matter.

See dealing with bullying and harassment claims.

Employers should be aware of the potential legal implications of bullying and harassment in the workplace.

Harassment of an employee is a stand-alone offence, but it can amount to:

• unlawful discrimination on the grounds of race, including colour, nationality and ethnic or national origins, sex, including pregnancy and maternity, marital/civil partnership status, gender reassignment, disability, religion/belief or political opinion, sexual orientation, age, trade union membership or non-membership or status as a fixed-term or part-time worker
• a breach of contract, ie, a breach of one of the implied terms of any employment contract, such as the duty to provide a safe working environment or to maintain trust and confidence in the employer
• a criminal offence

You could be liable for the actions of your employees unless you have taken reasonable steps to prevent bullying or harassment. Action could still also be taken against you even after a person has left your employment. An employee could also be found individually and personally liable for acts of bullying and harassment towards others.

Negative impact of bullying and harassment on a business

Bullying and harassment can also have a serious adverse effect on the success of the business, leading to reduced productivity and profits.

This is because bullying and harassment can cause:

• low morale and poor employee relations
• loss of respect for managers
• reduced productivity and profits
• increased absenteeism and turnover of staff
• damage to the image/reputation of the business
• irreparably harmed working relationships
• stress-related complaints, absences and claims
• industrial tribunal or other civil court claims
• expensive litigation
• negative publicity

Bullying and harassment can often be hard for employers to recognise, particularly as it may not be obvious to colleagues of the person being bullied or harassed.

This may be because:

• the harassment or bullying is done in subtle ways
• staff may think it's part of the 'culture' of the workplace

An individual may also be too frightened to report an incident.

A good employer should be aware of this and keep an eye out for some of the possible signs of bullying and harassment.

Signs of bullying and harassment

Signs of bullying and harassment may include:

Absenteeism

If staff absenteeism is more frequent, or for longer periods than usual.

High staff turnover

Especially if high staff turnover occurs in a specific team area or where staff work for a particular manager.

Stress symptoms

Staff displaying symptoms of stress including fatigue, anxiety, depression, immune system suppression, aches, pains, numbness and panic attacks.

Change in behaviour or performance

A change in an individual's behaviour or a drop in performance at work.

Relationships

Strained relationships and uneasy working relationships, friction and factions.

You should not ignore or leave unchallenged an incident just because the individual does not raise a grievance.

How bullying and harassment can be carried out

Bullying and harassment may be carried out face-to-face. However, it may be done in more underhand ways, such as:

• by letter
• electronically, by email or on social networking sites
• by phone or text message
• at work-related social functions

Social media bullying and harassment

Employers need to be aware of the potential for social media to be used for cyberbullying and harassment purposes. 

Online bullying and harassment could include:

• Social exclusion - limiting interaction to cliques/groups.
• Posting offensive or threatening comments.
• Posting photographs or videos.

Online bullying may breach an employer's bullying/harassment policy and so should be treated in the same way as if it had occurred in the workplace. If the harassment is related to a particular characteristic of the individual, eg race, sex, religion etc it is prohibited under anti-discrimination legislation.

Dignity at work webinar

The Labour Relations Agency (LRA) dignity at work webinar provides useful information on the topic of bullying and harassment. The webinar addresses the issue of bullying and harassment in the workplace by looking at core issues such as distinguishing bullying from harassment, the law and liability, and the formal and informal approaches to dealing with bullying and harassment. The webinar is suitable for both employers and employees.

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Employers are responsible for preventing bullying and harassment, so it is in your interest to have a policy to avoid it and put procedures in place to implement the policy. See drawing up an anti-bullying and harassment policy.

Your responsibility to ensure the policy is implemented

It is your responsibility to make sure that any policy has been properly implemented, is understood by staff, and is being developed, used, and monitored properly. If a tribunal believes that all reasonable steps have been taken by the employer to prevent bullying and harassment, it may avoid liability.

You should make sure that:

• All the management team have a working knowledge of and are seen to be fully committed to the policy.
• You identify who is in overall charge, and in day-to-day charge, of implementing the policy.
• You advise all employees, including managers, of their responsibilities under the policy.
• You have set aside time to train those in charge on their responsibilities.
• The policy covers all the areas covered by anti-discrimination law. See how to prevent discrimination and value diversity.
• The policy is linked to other relevant procedures such as discipline/grievance/social media and any appraisal system for managers.
• You use all appropriate ways to highlight and raise awareness of the policies to your workforce, including any induction process.
• You keep a note of complaints so you can detect any patterns of inappropriate behaviour. Remember that an absence of any complaints does not necessarily mean that bullying and harassment are not going on.
• You review the policy from time to time to take account of changes in the law and make sure it's working properly.
• The employee's attention is drawn regularly to aspects of the policy, focusing on, eg, the potential for sexual harassment at social events and the protocols regarding this.
• You have been seen to put the procedure into practice eg dealt informally with any inappropriate banter in the workplace.

Dignity at work webinar

The Labour Relations Agency (LRA) dignity at work webinar provides useful information on the topic of bullying and harassment. The webinar addresses the issue of bullying and harassment in the workplace by looking at core issues such as distinguishing bullying from harassment, the law and liability, and the formal and informal approaches to dealing with bullying and harassment. The webinar is suitable for both employers and employees.

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Ideally, you should draw up a bullying and harassment policy in consultation with staff and/or their representatives.

For example, trade unions may help you as they may well have experience in handling bullying and harassment cases.

What to include in your bullying and harassment policy

Your policy on bullying and harassment could include:

• An explanation of what the terms mean and that harassment covers all the areas protected by the anti-discrimination laws. See how to prevent discrimination and value diversity.
• Examples of behaviour that could be considered bullying and harassment.
• A statement that bullying and harassment will not be tolerated and could result in the bully or harasser being subjected to disciplinary action, which may result in dismissal.
• A clear statement on the appropriate use of social media and an explanation that inappropriate comments made on social media sites, eg, Facebook, X, LinkedIn, etc, about work colleagues, clients, customers or suppliers could lead to disciplinary action being taken against those involved, even if made away from the workplace. You may wish to adopt and link to a social media use policy - a template is available in the Labour Relations Agency's free .
• A statement pointing out that bullying and harassment will not be tolerated at work-related events, eg Christmas parties, or training courses - even if they are away from the normal workplace.
• Details of the procedures to be followed if bullying and/or harassment occurs, including both informal and formal approaches and relevant timescales that should be linked to your discipline and grievance procedures.
• Assurance that any complaint will be taken seriously and treated confidentially and that employees making complaints will be protected from retaliation.
• Assurance that a thorough and fair investigation of a claim will take place.
• A statement that where matters are being handled formally, there will be a meeting with the complainant to discuss the matter further, a decision issued as a result of the meeting and the employee will have the right of appeal.
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• Where the company has trained harassment contact officers/counsellors or dignity at work advisors, the employee could be encouraged to discuss their issues with them in the first instance.

You should also include the name of the person the employee should contact if they wish to raise a complaint about bullying/harassment. This would normally be the line manager or another manager if the employee is uncomfortable raising the issue with their line manager.

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Dignity at work webinar

The Labour Relations Agency (LRA) dignity at work webinar provides useful information on the topic of bullying and harassment. The webinar addresses the issue of bullying and harassment in the workplace by looking at core issues such as distinguishing bullying from harassment, the law and liability, and the formal and informal approaches to dealing with bullying and harassment. The webinar is suitable for both employers and employees.

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You should take bullying or harassment complaints seriously as you can be held liable for harassment suffered by your employees at work or at work-related events.

Draw up an anti-bullying and harassment policy

You should know, and make known to your employees, what approach you will take, for example, by issuing a policy that:

• encourages victims of bullying or harassment to come forward
• provides for an informal route to complain within a formal procedure and balances the interests of the victim and the alleged bully/harasser
• tells staff and trains managers as to what they should do if they become aware of someone being bullied or harassed, and empowers them to take action - see drawing up an anti-bullying and harassment policy

Investigate claims thoroughly and fairly

Bear in mind that a claim could be malicious - to investigate it thoroughly and fairly you should:

• use an impartial, trained investigator
• consider a paid precautionary suspension of the alleged bully or harasser on full pay while the investigation is carried out (such suspension should only be imposed after careful consideration, and only if alternatives, such as transfer to other duties, redeployment without loss of pay, or the taking of annual holidays to which the employee is entitled, cannot be agreed)
• review any action taken to ensure it is not unnecessarily protracted - it will be made clear that any action taken is not considered a disciplinary action
• allow both parties to be accompanied to a hearing by a work colleague or accredited trade union representative of their choice

Carefully decide what action to take

Following substantiated claims of bullying and harassment, decide carefully what action you are going to take and whether the employment contract provides for it, whether against the complainant or the bully/harasser.

This could be:

• counselling or training
• a formal warning
• suspension
• transfer - only the guilty party should be transferred
• dismissal

Trade union role

Trade unions may have a role in cases of bullying and harassment.

They can provide:

• 91香蕉黄色视频 for claims
• guidance and 91香蕉黄色视频 for the complainant or the alleged bully or harasser
• accompaniment to hearings
• help in eliminating a bullying culture