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

MHA announce interim revenues up 13 per cent Rakesh Shaunak MHA

MHA announce interim revenues up 13 per cent

20 Nov 2025

2

Totally Wicked Group announce new fulfilment and distribution centre The Blackburn unit sold to Totally Wicked Group

Totally Wicked Group announce new fulfilment and distribution centre

19 Nov 2025

3

Lancaster University to create £2m nuclear facility control room simulator The new simulator will sit alongside the University's Data Immersion Suite, where these Lancaster students are pictured

Lancaster University to create £2m nuclear facility control room simulator

19 Nov 2025

4

BAE joins bid to deliver Red Arrows replacement T 7 Air

BAE joins bid to deliver Red Arrows replacement

19 Nov 2025

5

Ainsworth Jewellers celebrates 155-year milestone with anniversary weekend Jayant Raniga from PureJewels, Helen Dimmick and Phil Ainsworth, both from Ainsworth Jewellers

Ainsworth Jewellers celebrates 155-year milestone with anniversary weekend

18 Nov 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

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

The path to profit with consistency, quality and speed in your business
icz bburn coll.jpeg.jpg
LBV Hub Seminars
21 Nov 2025 - 21 Nov 2025

The path to profit with consistency, quality and speed in your business

Industry Collaboration Zone, Bolton College, Feilden Street, Blackburn, BB2 1LH

09:30 - 12:00

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire Construction Connections
LLC Logo Main.jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Nov 2025

Lancashire Construction Connections

Blues Bar, Ewood Park, Blackburn, BB2 4JF

14:00 - 16:00

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

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