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Employment4 min read

Workplace Bullying UK: What You Can Do When Your Employer Won't Act

Workplace bullying is not a standalone legal wrong, but it may give rise to claims for constructive dismissal, harassment, or personal injury. This guide explains your options.

fairead Team28 April 2026

Workplace bullying is more common than most employers admit — and more damaging than many realise. While UK law does not have a standalone "workplace bullying" statute, victims have several legal routes available. The key is understanding which applies to your situation.


Is Workplace Bullying Illegal?

There is no single UK law that makes "bullying" at work illegal as a standalone offence. However, depending on the nature and circumstances of the bullying, several overlapping legal protections may apply.


Route 1: Harassment Under the Equality Act 2010

If the bullying is connected to a protected characteristic — your sex, race, disability, religion, sexual orientation, age, or gender reassignment — it is likely harassment under section 26 of the Equality Act 2010.

Harassment is unwanted conduct related to a protected characteristic that:

  • Violates your dignity, or
  • Creates an intimidating, hostile, degrading, humiliating, or offensive environment

This is the strongest legal route because:

  • No minimum service period is required
  • Compensation is uncapped
  • The tribunal can award significant injury to feelings damages

See our full Harassment at Work UK guide.


Route 2: Constructive Dismissal

If the bullying is so serious that it fundamentally destroys the trust and confidence between you and your employer — and you resign as a result — you may have a claim for constructive (unfair) dismissal.

The implied term of mutual trust and confidence means your employer must not conduct themselves in a manner that is "likely to destroy or seriously damage" the relationship. Sustained bullying, particularly if management is involved or turns a blind eye, can meet this threshold.

Requirements:

  • You must have 2 years' continuous service (with exceptions for discrimination)
  • You must not delay resigning after the final act — accepting the conduct too long may undermine your claim
  • You must have resigned in response to the breach, not for other reasons

Route 3: The Protection from Harassment Act 1997

The Protection from Harassment Act 1997 (PHA) creates both a civil claim and a criminal offence for harassment. While primarily designed for stalking and harassment outside work, courts have applied it to workplace situations.

Under the PHA:

  • Two or more incidents of harassing conduct are required (a "course of conduct")
  • The conduct must be harassment — objectively assessed
  • You can claim damages including for anxiety and financial losses
  • There is no need to prove the conduct is related to a protected characteristic

The civil claim is brought in the county court (not the Employment Tribunal), with a 6-year limitation period.


Route 4: Personal Injury

If bullying causes clinically recognised psychiatric harm — e.g. depression, anxiety disorder, PTSD — you may have a personal injury claim against your employer for negligence.

Your employer has a duty of care to protect your mental health. If they knew (or ought to have known) that the bullying was causing psychiatric harm and failed to act, they may be liable.

Such claims are brought in the county court and have a 3-year limitation period from when you knew or ought to have known about the injury.


What Should You Do?

Step 1: Document Everything

Keep a detailed log of incidents — dates, times, what was said or done, any witnesses. Save emails or messages. This is your evidence base.

Step 2: Report Internally

Use your employer's dignity at work, anti-bullying, or grievance policy. Report in writing. A key legal point: if your employer is made aware and fails to act, they may become liable for the ongoing conduct.

Step 3: Raise a Formal Grievance

If informal reporting fails, raise a formal written grievance under the ACAS Code. Keep copies of everything.

Step 4: Seek Medical Support

If the bullying is affecting your mental health, see your GP. A medical record of the impact is important evidence for any legal claim.

Step 5: Consider Your Legal Options

If internal processes fail, depending on the nature of the bullying, consider:

  • Employment tribunal (harassment/constructive dismissal)
  • County court (PHA claim or personal injury)
  • ACAS Early Conciliation (required before a tribunal claim)

Key Takeaways

  • There is no standalone "workplace bullying" law — but several legal routes exist
  • If the bullying relates to a protected characteristic, it is harassment under the Equality Act — uncapped compensation, no service requirement
  • Sustained bullying can amount to a breach of the implied term of mutual trust and confidence — potentially constructive dismissal
  • The Protection from Harassment Act 1997 can apply to workplace bullying — 6-year limitation, county court
  • Document everything and report in writing — your employer's response (or failure to respond) is key evidence

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