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

Sportswear specialist goes into liquidation Milano

Sportswear specialist goes into liquidation

10 Jul 2026

2

Manufacturers urged to cut through the AI hype Mark Edwards

Manufacturers urged to cut through the AI hype

10 Jul 2026

3

HR firm makes key development appointment Sonia Hanson

HR firm makes key development appointment

10 Jul 2026

4

Blackburn College brings national focus to tackling NEET challenge NEET

Blackburn College brings national focus to tackling NEET challenge

10 Jul 2026

5

Vape firm IVG targets £1bn revenue IVG Preston staff

Vape firm IVG targets £1bn revenue

08 Jul 2026

Blackburn College (July-Aug 26)
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
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

Built Environment Conference 2026
BEC Listing
Networking
24 Sep 2026

Built Environment Conference 2026

08:30 - 13:00

Sub36 Awards 2026
Awards
16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa , Chorley

18:00 - 00:00

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD Listing
Networking
27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

July Preston Tech Connection Hot Takes
PTC Square July (900 x 900 px).png.png
LBV Hub Networking
15 Jul 2026

July Preston Tech Connection Hot Takes

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Preparing for the changes to unfair dismissal
Logo.jpg.jpg
LBV Hub Seminars
15 Jul 2026

Preparing for the changes to unfair dismissal

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

The Business Network Central and East Lancashire
LBV Header (34).png.png
LBV Hub Networking
16 Jul 2026 - 16 Jul 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Achieving more with your money: Your options at retirement
LBV Hub Seminars
16 Jul 2026

Achieving more with your money: Your options at retirement

Accrington Stanley Football Club, Accrington, BB5 5BX

17:55 - 17:55

Legacy & Leadership – Planning for Lift, Death and business continuity
Logo.jpg.jpg
LBV Hub Seminars
21 Jul 2026

Legacy & Leadership – Planning for Lift, Death and business continuity

Lancaster & Morecambe College, Lancaster, LA1 2TZ

09:00 - 10:30

Preston Freelancer Meet-Up July
LBV Hub Networking
21 Jul 2026

Preston Freelancer Meet-Up July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

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