Is Workplace Bullying Illegal in the UK?

Is workplace bullying illegal in the UK? Not in itself. GOV.UK puts it plainly: “Bullying itself is not against the law, but harassment is.” There is no legal definition of bullying and no single law that bans it. But bullying very often crosses into something that is unlawful: harassment under the Equality Act 2010 when it relates to a protected characteristic such as age, race, sex or disability; a criminal offence or civil claim under the Protection from Harassment Act 1997 when it is a course of conduct causing alarm or distress; or a breach of the employer’s duty of trust and confidence that can support a constructive dismissal claim. Employers also have a duty of care to deal with it — so “not illegal” never means “not a problem”.

At a glance: Nexis CPD’s £9 Bullying and Harassment in the Workplace course covers what bullying, harassment, sexual harassment and victimisation are, the main forms including cyberbullying, their impact, the law (Equality Act 2010, Worker Protection Act 2023 and vicarious liability), and how to respond if you experience or witness it, including the role of managers. It is CPD accredited and 100% online with a verifiable e-certificate, and any three courses cost £18. It is awareness training, not a regulated qualification or legal advice.

Is bullying at work against the law?

The short answer from both government and Acas is no — not as a stand-alone wrong. The GOV.UK page on workplace bullying and harassment says “Bullying itself is not against the law, but harassment is”, and Acas’s guidance on bullying at work says: “There is no specific law against bullying.”

That surprises many people, and it is often misunderstood in both directions. Some employees assume every unfair or unpleasant experience at work gives them a legal claim; it does not. Some employers assume that because bullying is not “illegal”, they can leave it alone; that is a serious mistake. The legal position has three layers:

1. Bullying linked to a protected characteristic can be unlawful harassment or discrimination under the Equality Act 2010, and the employer can be liable for what its staff do.
2. Repeated bullying that causes alarm or distress can amount to harassment under the Protection from Harassment Act 1997 in England and Wales — both a criminal offence and a civil wrong.
3. Serious bullying that the employer fails to deal with can breach the implied term of trust and confidence in the employment contract, allowing an employee to resign and claim constructive dismissal, and can breach the employer’s health and safety and common-law duties.

So the more useful question is not “is bullying illegal?” but “what does this particular behaviour amount to, and what must the employer do about it?”

What is the legal definition of bullying?

There isn’t one. Acas notes that “there is no legal definition of bullying”, but describes it as unwanted behaviour from a person or group that is either:

• “offensive, intimidating, malicious or insulting”, or
• “an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone”.

Acas adds several points that are often misunderstood:

• Bullying can be a regular pattern or a one-off incident.
• It can happen face-to-face, on social media, in emails or calls, and at work or in other work-related situations such as social events.
• It may not be obvious or noticed by others.
• It can still be bullying even if the person does not realise or intend it.

Acas’s examples include constantly criticising someone’s work, spreading malicious rumours, constantly putting someone down in meetings, deliberately giving someone a heavier workload than everyone else, excluding someone from team social events, and posting humiliating, offensive or threatening comments or photos on social media.

Bullying is not only top-down. Acas also describes upward bullying — directed at a manager or more senior colleague, from one worker or a group — such as continued disrespect, refusing to complete tasks, spreading rumours or constantly undermining someone’s authority. It can be hard for a senior person to recognise that this is what is happening to them.

When does bullying become harassment under the Equality Act?

This is the point where bullying becomes unlawful. Under section 26 of the Equality Act 2010, a person harasses another if they engage in “unwanted conduct related to a relevant protected characteristic” and the conduct has the purpose or effect of:

• “violating B’s dignity”, or
• “creating an intimidating, hostile, degrading, humiliating or offensive environment for B”.

Three details matter in practice.

First, only seven protected characteristics count for harassment. Section 26(5) lists age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. Marriage and civil partnership, and pregnancy and maternity, are protected characteristics under the Act but are not on the harassment list — even though some summaries, including the GOV.UK bullying page, list all nine. That does not leave those groups unprotected: bullying someone because they are pregnant, for example, can be unlawful pregnancy discrimination under other sections of the Act. But the legal route is different.

Second, “related to” is broad. The conduct does not have to be because of the victim’s own characteristic. Jokes about a religion, racist “banter” in an office, or comments about age that make the environment hostile can all be “related to” a protected characteristic, even if aimed at nobody in particular.

Third, effect counts, not just intention. Section 26(4) says that, in deciding whether conduct had the prohibited effect, a tribunal must take into account the perception of the person on the receiving end, the other circumstances of the case, and whether it is reasonable for the conduct to have that effect. “I didn’t mean anything by it” is not a defence on its own.

Sexual harassment — unwanted conduct of a sexual nature — is covered separately by section 26(2), and employers now have a positive duty to take reasonable steps to prevent it. See our guide to sexual harassment in the workplace for the preventative duty.

Can workplace bullying be a crime?

Yes, in some cases. In England and Wales, section 1 of the Protection from Harassment Act 1997 says a person “must not pursue a course of conduct” which amounts to harassment of another and which they know or ought to know amounts to harassment. They “ought to know” if a reasonable person with the same information would think it was harassment.

Several features make this Act relevant to bullying even where no protected characteristic is involved:

• It does not require a protected characteristic. Any harassment can qualify.
• It needs a course of conduct. Section 7 says this must involve conduct on at least two occasions in relation to a single person. A one-off incident is not enough.
• Harassing includes “alarming the person or causing the person distress”, and “conduct” includes speech.
• It is a criminal offence. Under section 2, the maximum penalty on summary conviction is six months’ imprisonment, a fine, or both.
• It is also a civil wrong. Section 3 allows the victim to claim damages, including “for (among other things) any anxiety caused by the harassment and any financial loss”.

In Majrowski v Guy’s and St Thomas’ NHS Trust [2006] UKHL 34, the House of Lords held that an employer can be vicariously liable under this Act for harassment committed by an employee in the course of employment. The test is objective — whether a reasonable person with the same information would think the conduct amounted to harassment — so ordinary workplace friction or a single sharp exchange is unlikely to qualify, but persistent, targeted bullying can.

Physical violence, threats and some online abuse can also be offences under other laws. If someone is assaulted or threatened at work, that is a matter for the police as well as the employer.

What legal claims can bullying lead to if it isn’t harassment?

Even where bullying is not linked to a protected characteristic, it can still have legal consequences.

Constructive dismissal. Acas notes that “if severe bullying makes an employee resign, this could contribute towards constructive dismissal”. Under section 95(1)(c) of the Employment Rights Act 1996, an employee is treated as dismissed if they end the contract “in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct”. Serious bullying — or an employer’s failure to deal with it — can breach the implied term of mutual trust and confidence that Acas describes: workers have the right “to have trust and confidence in their employer” and to “expect not to be bullied at work”.

To bring an unfair constructive dismissal claim, an employee currently needs two years’ continuous service. According to Acas’s summary of the Employment Rights Act 2025, from 1 January 2027 that falls to six months, and the cap on unfair dismissal compensation is removed. Discrimination and harassment claims under the Equality Act have no qualifying period.

Personal injury. Where bullying causes a recognised psychiatric injury and the employer knew or should have known of the risk, a claim in negligence may be possible. These cases are complex and fact-specific.

Health and safety. HSE lists “having trouble with relationships at work, or are being bullied” among the main causes of work-related stress, and says employers have a legal duty to assess the risk of stress and act on it. See our guide to work-related stress and the HSE Management Standards.

Is an employer liable for bullying by its employees?

Often, yes. Under section 109 of the Equality Act 2010, anything an employee does “in the course of A’s employment must be treated as also done by the employer” — and “it does not matter whether that thing is done with the employer’s or principal’s knowledge or approval”. So if a manager or colleague harasses someone because of their race or sex, the employer can be held liable for it.

The employer’s only defence is in section 109(4): to show that it “took all reasonable steps to prevent” the employee from doing that thing, or anything of that description. Tribunals look for real action — a clear policy that staff know about, training that is refreshed, managers who act on complaints, and a culture where people feel able to speak up. A policy in a drawer is unlikely to be enough.

The individual bully does not escape either. Under section 110, an employee who does something that the employer is treated as having done can personally contravene the Act — and this applies even if the employer successfully uses the “all reasonable steps” defence. Employees can be named as respondents in tribunal claims alongside their employer.

Beyond the Equality Act, Acas says employers “have a legal duty of care to protect their workers from harm”, which “includes dealing with bullying issues”. The law on harassment by third parties such as customers and clients is also changing: Acas reports that from 30 October 2026, under the Employment Rights Act 2025, employers will be liable for third-party harassment unless they have taken all reasonable steps to prevent it, and the sexual harassment prevention duty will be strengthened to “all reasonable steps”.

What is not bullying?

Not every uncomfortable experience at work is bullying, and treating legitimate management as bullying causes its own problems. Acas gives a helpful three-step example in its guidance for people who think they are being bullied:

• A manager who finds mistakes in an employee’s work and talks to them privately, explaining the problems and how to correct them, is “acting appropriately as a manager” — even if the employee feels criticised.
• The same manager who starts checking all the employee’s work, sending emails about every mistake however small, in a frustrated tone (“another silly mistake”), is likely to be bullying — even if they do not realise it.
• A manager who picks on the employee in front of others and copies other people into critical emails, aiming to make them uncomfortable enough to leave, is engaged in “open and serious bullying”.

Reasonable instructions, fair performance management, honest feedback delivered privately and respectfully, and ordinary disagreements are not bullying. What turns them into bullying is the manner, the pattern and the purpose — humiliation, singling out, disproportion, or misuse of power.

What should you do if you are being bullied at work?

Acas recommends a staged approach:

1. Consider whether it is bullying. Talking it through with someone you trust can help you see the situation clearly.
2. Talk to the person, if you feel able. They may not realise the impact of their behaviour. Explain what they did and how it made you feel; stay calm and be firm, not aggressive. You could put it in an email instead, or ask a trade union representative or manager for support.
3. Keep a record. Acas suggests a diary of what happened, how it made you feel, dates and times, any evidence such as emails or screenshots, and any witnesses. Most bullying happens out of sight, so having no witnesses should not stop you reporting it.
4. Raise it informally with your manager — or, if your manager is the bully, with another manager or HR.
5. Raise a formal grievance if informal routes have not worked or the situation is too serious for them. See our guide to disciplinary and grievance procedures, including your right to be accompanied.

If the problem is not resolved and you are considering an employment tribunal claim, time limits are strict. Acas explains that you must first notify Acas for early conciliation, and that the time limit for most claims is “6 months minus 1 day” where the problem happened on or after 1 October 2026, when the law changed (for discrimination, counted from the date of the last act complained of). For problems before that date, the old limit of 3 months minus 1 day still applies to most claims. Going through a grievance does not pause the clock.

How should employers handle a bullying complaint?

Acas’s guidance on handling a bullying or discrimination complaint is direct: employers “should take any bullying or discrimination complaint seriously and look into it as soon as possible”. It warns that if a complaint is not dealt with appropriately, the person may be more likely to go to a tribunal — and that “the tribunal will take into account how you handled the complaint”.

Key points from the Acas guidance and good practice:

• Complaints can come from anyone — the person affected, a job applicant, a witness who saw someone else being bullied, or a union or employee representative.
• Old complaints still count. If someone raises something that happened a long time ago, it should still be taken seriously.
• Be fair to everyone — the complainant, witnesses and the person accused.
• Check your policy for who handles complaints and what procedure applies, and follow it.
• Consider support and interim measures, such as changes to reporting lines while the matter is investigated, without penalising the person who complained.
• Investigate proportionately, decide, and explain the outcome, with a right of appeal. If the complaint is upheld, take action — which may include disciplinary action, training, mediation or changes to how a team is managed.
• Protect against victimisation. Treating someone badly because they have complained of discrimination or harassment is victimisation, which is itself unlawful under the Equality Act.

Many complaints can be resolved informally and quickly, and Acas says informal resolution is usually quicker and less stressful for everyone. But informal does not mean ignored: the conversation, the agreed outcome and any follow-up should still be recorded.

How can employers prevent bullying at work?

Because the Equality Act defence depends on “all reasonable steps”, and because the cost of bullying shows up in absence, turnover and claims, prevention is the best protection. Practical steps include:

• A clear dignity at work policy that defines bullying and harassment with examples, explains how to raise concerns (including if the problem is your own manager), and sets out consequences.
• Training for everyone, and more for managers. Staff need to know what is and is not acceptable; managers need the confidence to deal with low-level behaviour early and to handle complaints fairly.
• Leadership behaviour. Tolerating a “high performer” who bullies sends a clear message to everyone else.
• Stress risk assessment. HSE’s Management Standards treat relationships at work as one of six areas to manage; staff surveys and exit interviews can reveal hotspots.
• Inclusion. Bullying often targets difference. An inclusive culture reduces the conditions it thrives in — see our guide to equality, diversity and inclusion.
• Monitoring and follow-up. Track complaints and outcomes, look for patterns, and check back with people after a complaint is closed.

Which courses help tackle bullying at work?

These £9 courses work well together for staff and managers, each with a verifiable certificate:

• Bullying and Harassment in the Workplace — what bullying, harassment and victimisation are, the forms they take, the law and vicarious liability, and how to respond.
• Conflict Management — skills for managers and staff to defuse disagreements before they escalate.
• Equality Diversity and Inclusion Awareness — the protected characteristics and building an inclusive workplace.

For managers, Stress Awareness for Managers or Sexual Harassment in the Workplace are useful alternatives. Any three courses cost £18 with the pay-for-2-get-3 offer — add them to the cart and the discount applies automatically. These are awareness courses: they help show that you have taken reasonable steps to train staff, but they are not regulated qualifications and are not a substitute for legal advice on a specific case.

Frequently asked questions

Is bullying illegal in the UK workplace?

Not in itself. GOV.UK says bullying itself is not against the law, but harassment is. Bullying becomes unlawful when it amounts to harassment related to a protected characteristic under the Equality Act 2010, harassment under the Protection from Harassment Act 1997, or conduct that breaches the employment contract, for example leading to constructive dismissal.

What is the legal definition of workplace bullying?

There is no legal definition. Acas describes bullying as unwanted behaviour that is offensive, intimidating, malicious or insulting, or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm. It can be a pattern or a one-off, and can be unintentional.

Can I take my employer to tribunal for bullying?

Not for bullying alone, but you may have a claim if the bullying was harassment or discrimination under the Equality Act, or if it led you to resign in circumstances amounting to constructive dismissal. You must notify Acas for early conciliation first, and time limits are strict.

Can an individual bully be personally liable?

Yes. Under section 110 of the Equality Act 2010, an employee who harasses a colleague in the course of employment can be personally liable, even if the employer shows it took all reasonable steps. Harassment under the Protection from Harassment Act 1997 can also be a criminal offence.

Is a one-off incident bullying?

It can be. Acas says bullying might be a regular pattern or a one-off incident. A single serious incident can also be harassment under the Equality Act, but the Protection from Harassment Act 1997 requires a course of conduct on at least two occasions.

Is strict management the same as bullying?

No. Reasonable instructions, fair performance management and honest feedback given privately are not bullying. Acas says it becomes bullying when feedback turns into constant, disproportionate criticism, public humiliation or an attempt to force someone out.

Build a workplace where bullying is dealt with early

£9 per course. CPD accredited, 100% online, verifiable e-certificate. Pay for 2, get 3 — any 3 courses for £18.

This article is general information, not legal advice. It describes the law in Great Britain, with the Protection from Harassment Act 1997 provisions described applying in England and Wales; Scotland and Northern Ireland have their own harassment and employment law provisions. Employment law is changing under the Employment Rights Act 2025, so check current guidance from Acas or GOV.UK, and take legal advice on any individual case. A Nexis CPD awareness course is CPD accredited but is not a regulated qualification. References are drawn from legislation.gov.uk, GOV.UK, Acas and HSE at the time of writing.