Bullying and harassment in the workplace

By LBV

01 Mar 2010

What’s the law?

You will often hear the words bullying and harassment used interchangeably and, while there are certain legal differences between the two, both can have serious implications for employers who haven’t taken all reasonable care to prevent them from happening.

Employers and individuals can be ordered to pay unlimited compensation where discrimination-based harassment has occurred, including compensation for injury to feelings.

From a legal point of view, bullying is characterised as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to humiliate, denigrate, or injure the recipient”. Meanwhile, harassment is “unwanted conduct affecting the dignity of men and women in the workplace”. This may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristic of the individual.

Since October 2006 UK discrimination law has covered harassment on a variety of grounds. Bullying isn’t covered by one single piece of legislation, but there are a number of laws that offer legal protection for employees, including the Human Rights Act, the Health and Safety at Work Act, and the Employment Rights Act to name just a few.

What does bullying and harassment look like?

Harassment and bullying can range from extremes such as physical violence to less obvious forms like simply ignoring someone. Again it can be persistent behaviour or a one-off act. Examples include:

• Physical contact which is unwanted
• Unwelcome remarks about a person’s age, dress, appearance, race or marital status
• Jokes, offensive language, gossip, slander, sectarian songs and letters
• Posters, graffiti, obscene gestures, flags and emblems
• Isolation or non-cooperation and exclusion from social activities
• Coercion, sexual favours
• Pressure to participate in political/religious groups
• Intrusion by pestering, spying or stalking
• Failure to safeguard confidential information
• Shouting at staff
• Setting impossible deadlines
• Persistent criticism and personal insults

How can it be tackled?

Tackling workplace bullying and harassment is a joint responsibility of the organisation and the individuals working within it and there are a number of ways to ensure all reasonable care is taken.

Clear company policies on bullying and harassment are essential and these should be agreed with union or employee representatives (where appropriate), communicated to all employees through induction and training, and be monitored and regularly reviewed for effectiveness.

All employees should be made aware who to contact with their concerns. Formal allegations of harassment, bullying, or intimidating behaviour should be treated as a disciplinary offence with a prompt, thorough, and impartial response from independent, skilled, and objective investigators.

For more information on introducing bullying and harassment policies, and conducting investigations into bullying and harassment, speak to your professional HR advisor.

Tina Clayton, HR consultant and employer services manager with Moore and Smalley Chartered Accountants and Business Advisors.

Enjoyed this? Read more from LBV

Latest news

1

McMurrays Haulage expands fleet after contract win Warehouse Supervisor at Pets Choice Brad Eddleston and McMurrays Sales Manager Rob Spencer. Photo credit: McMurrays Haulage Limited

McMurrays Haulage expands fleet after contract win

21 Oct 2025

2

Dragons' Den star to shine on Lancashire Business Day Derry Green

Dragons' Den star to shine on Lancashire Business Day

21 Oct 2025

3

Eden Project Garden at RHS Chelsea Flower Show 2026 marks 25th anniversary Eden Project garden

Eden Project Garden at RHS Chelsea Flower Show 2026 marks 25th anniversary

21 Oct 2025

4

Lancashire farm named 'Family Farming Business of the Year' British Farming Awards

Lancashire farm named 'Family Farming Business of the Year'

20 Oct 2025

5

Breck Homes appoints new managing director Phil Dolan, Breck

Breck Homes appoints new managing director

20 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Chamber Business Lunch – October
LBV Hub Networking
24 Oct 2025 - 24 Sep 2025

Chamber Business Lunch – October

Lancaster Golf Club, Lancaster, LA2 0AJ

11:00 - 13:30

North West Business Expo 2025
https---cdn.evbuc.com-images-880456273-4862066883-1-original.20241022-105445.jpeg.jpg
LBV Hub Exhibitions
24 Oct 2025 - 24 Oct 2025

North West Business Expo 2025

Bolton Stadium Hotel, Bolton, BL6 6SF

09:00 - 15:00

Lancaster District Business Support Expo
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
29 Oct 2025 - 29 Oct 2025

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

10:00 - 15:00

Chamber Breakfast Networking – November
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
06 Nov 2025 - 06 Nov 2025

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Lancashire Police business update with The Police and Crime Commissioner
Lancs-cham-logo.jpg.jpg
LBV Hub Roundtables
10 Nov 2025 - 10 Nov 2025

Lancashire Police business update with The Police and Crime Commissioner

Lancaster Castle, Lancaster, LA1 1YN

14:00 - 16:00

Beyond the Brand: Building trust through values and integrity
1.png.png
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

Beyond the Brand: Building trust through values and integrity

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin