Is Bullying at Work Illegal in the UK?

There is no free standing legal claim for bullying in the UK. Bullying becomes unlawful when it is linked to a protected characteristic, because it is then harassment under section 26 of the Equality Act 2010. Serious bullying that is not linked to a protected characteristic can still support a grievance, a constructive dismissal claim or a personal injury claim.

What bullying is

ACAS describes bullying 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.

Bullying includes shouting at someone in front of colleagues, constant unfair criticism, setting impossible deadlines, excluding someone from meetings, and spreading rumours. It can happen in person, by email or in work chat groups. It can come from a manager, a colleague or a group.

When bullying is unlawful harassment

Under section 26 of the Equality Act 2010, harassment is unwanted conduct related to a relevant protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for you. The relevant characteristics are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. Unwanted conduct of a sexual nature is also harassment under section 26.

The person does not have to intend the harm. The tribunal looks at how you saw the conduct, the wider circumstances, and whether it was reasonable for the conduct to have that effect.

Harassment claims need no qualifying service. Acas states that time limits for employment tribunal claims increased from 3 months to 6 months on 1 October 2026. The 3 month limit may still apply to problems that started before 1 October 2026. Check your deadline early and seek advice. You must start ACAS Early Conciliation within that time.

From 30 October 2026, under the government timetable for the Employment Rights Act 2025, employers must take all reasonable steps to prevent sexual harassment and must not permit harassment by third parties such as customers and clients. Until then, the Equality Act 2010 requires reasonable steps to prevent sexual harassment.

The Protection from Harassment Act 1997

The Protection from Harassment Act 1997 covers a course of conduct that causes alarm or distress, whether or not it is linked to a protected characteristic. A course of conduct means at least two incidents. Claims under this Act are brought in the civil courts, not the Employment Tribunal. The conduct must be serious. Ordinary workplace friction will not meet the test.

Other routes when bullying is serious

Constructive dismissal. Serious bullying can break the implied term of trust and confidence in your contract. If you resign because of it, you may claim constructive dismissal under section 95 of the Employment Rights Act 1996. For dismissals before 1 January 2027 you need two years' service. The government plans to reduce this to six months for dismissals from 1 January 2027, subject to Parliament. Resigning is a serious step, so take advice before you do it.

Personal injury. If bullying causes a diagnosed illness such as depression, you may have a personal injury claim in the civil courts. The time limit is usually three years under the Limitation Act 1980.

Health and safety. Under the Health and Safety at Work etc. Act 1974, your employer has a duty to take reasonable care of your health at work, which includes your mental health.

Grievance. A formal grievance is usually the first step. Your employer should follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, a tribunal can increase or reduce an award by up to 25% where either side unreasonably fails to follow the Code.

Keeping a record

Here is an example. A customer service team leader with eighteen months' service is mocked for her accent in team meetings and left off the rota for training. Because the remarks relate to her race, this is harassment under section 26 of the Equality Act 2010, not only bullying. Her notes of each meeting, the date and who was present will form the evidence for her grievance and any claim.

What to do next

1. Write down each incident with the date, time, words used and who was present.
2. Save emails, messages and rotas in a personal folder.
3. Note whether the treatment relates to a protected characteristic.
4. Raise a formal grievance in writing and keep a copy.
5. See your GP if your health is affected, and keep the records.
6. Do not resign before taking advice.

Keep a dated incident timeline with the messages and grievance correspondence.

Frances N.U