Find out if the bullying you are facing at work is illegal

While “bullying” itself isn’t a legal term in UK employment law, workers are legally protected from bullying actions in many ways.

Examples of illegal bullying workplace behaviour could include:

  • Excluding you from groups, meetings, or deliberately ignoring you
  • Finding fault with everything you do 
  • Swinging between positive and negative behaviour towards you
  • Setting you up to fail by overloading you with work or not sharing key information 
  • Mocking you, both alone or in front of others
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Ask a UK legal expert about  your workplace bullying

 

Find out where you stand with the bullying behaviour you're dealing with at work. Talk to a UK legal expert to understand if your issue has potential legal claims, so you can make a plan to resolve it.

Bullying in UK employment law

Generally, bullying behaviour is illegal in UK workplaces for three reasons:

  • If it’s discriminatory
  • If it’s a reaction to you using a “protected” right
  • If it represents a fundamental breach of contract

Here are the most common ways that bullying behaviour can violate UK employment law:

Bullying because of a protected characteristic
Harassment under the Equality Act 2010

Bullying because you were sexually harassed at work
Sexual harassment under the Equality Act 2010

Bullying because you complained about discrimination at work (or helped someone else complain)
Victimisation under the Equality Act 2010
Bullying because you blew the whistle about a public issue
Employment Rights Act 1996
Bullying because you asked to opt in (or not opt out of) the 48-hour work week
Working Time Regulations 1998
Bullying because you raised a health and safety issue
Employment Rights Act 1996
Bullying because you raised an issue about rest breaks and statutory holidays
Employment Rights Act 1996
Bullying because you took part in Trade Union activities
Trade Union and Labour Relations (Consolidation) Act 1992

Bullying because you raised an issue about the National Minimum Wage or National Living Wage
National Minimum Wage Act 1998

Bullying because you asked about family leave
Employment Rights Act 1996

Bullying because you asked for flexible work
Employment Rights Act 1996

Real Tribunal example of workplace bullying

In 2021, an employee who was blind in one eye was mocked by a colleague. The colleague squinted and made funny eyes with reference to her, in order to get others at work to laugh at her.

The Tribunal found that this bullying behaviour was harassment under the Equality Act because of her disability, and awarded her £11,218.20. She also succeeded in claims for both wrongful and unfair dismissal.

Bullying at work Timeline

How to prove workplace bullying – free tool

Many people don't know that your own notes about what happened at work counts as evidence in Tribunal.

It's important to write down the "who, what, where, when" of any encounter while it's fresh in your memory - it can be essential for your case later on.

You can track workplace bullying on the Valla platform for free, using the "Timeline" tool.

How to prove workplace bullying – free tool

Many people don't know that your own notes about what happened at work counts as evidence in Tribunal.

It's important to write down the "who, what, where, when" of any encounter while it's fresh in your memory - it can be essential for your case later on.

You can track workplace bullying on the Valla platform for free, using the "Timeline" tool.

Bullying at work Timeline

What to do about workplace bullying

You don't need to "just ignore" workplace bullying, you can do something about it. Valla's 5-step guide to dealing with workplace bullying will walk you through these steps.

Step 1:
Prove it to yourself that bullying is happening

Step 2:
Find out if the bullying is illegal

Step 3:
Build a paper trail

Step 4:
Raise the bullying as a grievance 

Step 5:
Escalate the issue if necessary

"Valla was a breath of fresh air. They break everything down into easy-to-understand steps, giving me clarity and confidence."

 

- Jamie Blackwood, Essex