Bullying and harassment at work: what the law says

Bullying at work is not, on its own, against the law. Harassment is: under the Equality Act 2010 it is unlawful when unwanted conduct is related to a protected characteristic such as age, disability, gender reassignment, race, religion or belief, sex or sexual orientation, and it violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for you. So the first legal question is whether the behaviour is linked to one of those characteristics.

Whether or not it is, you can raise it with your employer, first informally and then through a written grievance. If your employer fails to deal with serious bullying, other routes may open, including a constructive dismissal claim or, in some cases, a harassment claim in the civil courts. This guide covers Great Britain; Northern Ireland has its own employment law.

Bullying or harassment?

GOV.UK describes both as behaviour that makes someone feel intimidated or offended. Its examples include spreading rumours, unfair treatment, undermining someone, and denying someone opportunities.

Acas draws a useful line with examples. A manager who privately explains a mistake and how to fix it is not bullying. A manager who checks every piece of work and fires off irritated emails about each error may be bullying without meaning to. Someone who publicly criticises a colleague’s ability and copies others into critical emails to push them out is bullying deliberately.

The behaviour becomes unlawful harassment under section 26 of the Equality Act when it is related to a “relevant protected characteristic”. The test looks at three things: how you saw it, the other circumstances, and whether it was reasonable for it to have that effect. The EHRC stresses that conduct can be harassment even if it was not meant that way, and that what some people see as harmless banter, others may find unacceptable. Unlike direct discrimination, you do not need to show that someone else was treated better.

Pregnancy and maternity, and marriage and civil partnership, are not covered by the harassment definition. Bad treatment for those reasons is dealt with as discrimination instead. See discrimination at work.

Who is responsible

The EHRC explains that your employer is liable for harassment carried out by its workers in the course of employment, unless it can show it took all reasonable steps to prevent it. That means there were no further steps it could reasonably have been expected to take. “In the course of employment” has a wide meaning: it can include working from home, offsite work, training courses, conferences, and some work-connected social events.

If you are treated badly because you complained about harassment, that can be victimisation, which is a separate claim. Making an allegation that someone has broken the Equality Act is a protected act, provided it is not a false allegation made in bad faith.

What you can do

Acas and GOV.UK suggest a similar order:

1. Talk it through with someone you trust.
2. Keep a record: dates, times, what was said or done, how it made you feel, any evidence such as emails or messages, and the names of witnesses.
3. Raise it informally with the person if it is safe, or with your manager, HR or a trade union rep.
4. Raise a formal grievance if that does not work or the behaviour is serious. Our guide to grievances and disciplinaries explains the process.
5. Contact Acas on 0300 123 1100 (Monday to Friday, 8am to 6pm). To bring a tribunal claim you must first notify Acas for early conciliation.

Legal routes

A harassment claim in the employment tribunal

If the behaviour is related to a protected characteristic, you can bring a claim to the employment tribunal. The time limit changed on 1 October 2026:

When the harassment happened	Time limit for most claims
Before 1 October 2026	3 months minus 1 day
On or after 1 October 2026	6 months minus 1 day

With repeated incidents, Acas says the time limit starts from the most recent one you include in your claim. A grievance does not pause the clock, but notifying Acas within the time limit does.

Constructive dismissal

Acas says that if you have to leave because of serious bullying that your employer did not deal with, and you are an employee, you may be able to claim constructive dismissal. On 2 October 2026 an ordinary unfair dismissal claim still needs two years’ continuous employment, unless your claim falls into an exception, so check our unfair dismissal guide before you decide anything.

Harassment in the civil courts

The Protection from Harassment Act 1997 gives a separate civil claim for a “course of conduct” amounting to harassment, which must involve conduct on at least two occasions. It does not need a protected characteristic. It works differently on each side of the border:

• England and Wales: harassing includes alarming a person or causing distress, and a court can award damages for anxiety and financial loss and grant an injunction.
• Scotland: section 8 gives everyone a right to be free from harassment. The claim is an “action of harassment” in the Scottish courts, and damages can cover anxiety and financial loss. It must normally be started within 3 years of the harassment stopping, or of when you knew or could reasonably have known who was responsible (or who their employer was), whichever is later.

These claims are less common than tribunal claims and a solicitor can say whether one fits your facts.

What is changing

From 30 October 2026, Acas says employers will be liable for harassment of their staff by third parties, such as customers or clients, unless they took all reasonable steps to prevent it. This was not yet in force on 2 October 2026. Our guide to sexual harassment at work covers the related changes to the duty to prevent sexual harassment.

What to check in your contract or letter

• Dignity at work or anti-bullying policy: how it defines bullying, who to report to, and whether you can report to someone other than your line manager.
• Grievance procedure: time limits for raising and appealing, and your right to be accompanied.
• Any warning or performance letter that followed your complaint, which could point to victimisation.
• Social media and IT policies if the behaviour happened online or in group chats.
• Mobility or redeployment clauses if moving you, or the other person, is being discussed.
• Confidentiality clauses in any proposed settlement agreement, and what they would stop you saying.

When it helps to speak to a solicitor

Many bullying cases are resolved through a well-made grievance. A solicitor can help if your employer has not acted, if you are thinking of resigning, if you have been dismissed or disciplined after complaining, or if you are offered a settlement agreement, which requires advice from a relevant independent adviser before it is binding.

Common questions

Is bullying at work against the law?

Not in itself. GOV.UK says bullying is not against the law, but harassment is when the unwanted behaviour is related to a protected characteristic such as age, sex, disability, race, religion or belief, sexual orientation or gender reassignment. Bullying with no link to a protected characteristic can still be raised through a grievance and may lead to other legal claims.

What counts as bullying?

There is no single legal definition. GOV.UK describes bullying and harassment as behaviour that makes someone feel intimidated or offended, with examples including spreading rumours, unfair treatment, undermining someone, and denying someone opportunities. Acas notes that a manager privately and fairly discussing mistakes is not bullying, while public criticism designed to force someone out can be.

Can I resign and claim constructive dismissal because of bullying?

Acas says a constructive dismissal claim may be possible if you have to leave because of serious bullying your employer did not deal with, and you are an employee. It is a difficult claim and timing matters. Before resigning, many people raise a grievance and speak to a solicitor, because resigning ends your pay and the claim is not guaranteed.

How long do I have to bring a harassment claim to a tribunal?

For harassment on or after 1 October 2026, Acas says you have 6 months minus 1 day for most claims; for earlier incidents, 3 months minus 1 day. With a series of incidents, time runs from the most recent one in your claim. You must notify Acas for early conciliation first, which pauses the clock if done within the time limit.

Is my employer responsible if a colleague harasses me?

Usually, yes, if it happened in the course of employment. The EHRC explains that an employer is liable for harassment by its workers unless it shows it took all reasonable steps to prevent it, meaning there were no further steps it could reasonably have been expected to take. 'In the course of employment' can include work events and places outside the office.

Sources

1. GOV.UK: Workplace bullying and harassment checked Fri Oct 02
2. Acas: If you think you're being bullied checked Fri Oct 02
3. Equality Act 2010, section 26 (harassment) checked Fri Oct 02
4. Equality Act 2010, section 27 (victimisation) checked Fri Oct 02
5. EHRC: Sexual harassment and harassment at work, technical guidance (last updated 26 September 2024) checked Fri Oct 02
6. Protection from Harassment Act 1997, sections 3 and 7 (England and Wales) checked Fri Oct 02
7. Protection from Harassment Act 1997, section 8 (Scotland) checked Fri Oct 02
8. Prescription and Limitation (Scotland) Act 1973, section 18B (harassment actions) checked Fri Oct 02
9. Acas: Employment tribunal time limits (updated 1 October 2026) checked Fri Oct 02
10. Employment Rights Act 1996, section 108 (qualifying period for unfair dismissal) checked Fri Oct 02
11. Employment Rights Act 1996, section 203 (settlement agreements: independent advice) checked Fri Oct 02
12. Protection from Harassment Act 1997, section 3 (civil remedy, England and Wales) checked Fri Oct 02
13. Acas: Employment Rights Act 2025 checked Fri Oct 02

This guide is general information about employment law in Great Britain (England, Wales and Scotland). Northern Ireland has its own employment law. It isn't legal advice and doesn't take your circumstances into account.