Workplace Bullying & Harassment Policy (UK)

A Workplace Bullying & Harassment Policy in the United Kingdom sets out the standards, responsibilities, and procedures the organisation expects everyone to follow, and is governed by the Equality Act 2010.

The legal framework governing workplace bullying and harassment in England and Wales draws from multiple statutes. The Equality Act 2010 defines harassment in section 26 as unwanted conduct related to a relevant protected characteristic — age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation — that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Section 40 of the Equality Act 2010 makes employers vicariously liable for harassment committed by their employees in the course of employment, unless the employer can demonstrate that it took all reasonable steps to prevent the harassment from occurring.

The Health and Safety at Work etc. Act 1974, section 2, imposes on every employer a general duty to confirm, so far as is reasonably practicable, the health, safety, and welfare at work of all their employees. The Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) require employers to carry out suitable and sufficient risk assessments, including assessments of psychosocial risks such as bullying-related stress. HMRC and the Health and Safety Executive (HSE) both recognise that workplace bullying causing occupational stress is a health and safety matter subject to enforcement action.

The Employment Rights Act 1996, section 94, provides the right not to be unfairly dismissed. Where an employer fails to address or tacitly condones bullying behaviour, an employee may be entitled to resign and claim constructive unfair dismissal under the implied contractual term of mutual trust and confidence established in Malik v BCCI [1997] UKHL 23. The Protection from Harassment Act 1997, originally enacted to address stalking, has been applied by courts to workplace harassment in cases such as Majrowski v Guy's and St Thomas' NHS Trust [2006] UKHL 34, where the House of Lords confirmed that employers can be vicariously liable under the 1997 Act for a course of conduct by their employees amounting to harassment.

The Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force on 26 October 2024, introduced a new positive duty on employers to take reasonable steps to prevent sexual harassment of their employees. The Equality and Human Rights Commission (EHRC) published a Code of Practice on the preventative duty in 2024, setting out the steps employers should take: conducting risk assessments, implementing a clear anti-harassment policy, training managers and staff, and providing accessible reporting mechanisms. Employment Tribunals have the power to uplift compensation awards by up to 25% where an employer has breached the preventative duty.

The ACAS Code of Practice on Disciplinary and Grievance Procedures (last revised 2015) sets the standard for internal complaint handling. Employment Tribunals take the ACAS Code into account when determining whether an employer acted reasonably. A failure to follow the Code — for example, by failing to investigate a complaint properly or by ignoring multiple reports of bullying — can result in an uplift of up to 25% of any compensation awarded under sections 207A and 207B of the Trade Union and Labour Relations (Consolidation) Act 1992.

A Workplace Bullying and Harassment Policy is needed by every employer in England, Scotland, and Wales. The statutory duties under the Equality Act 2010, the Health and Safety at Work etc. Act 1974, and the Worker Protection (Amendment of Equality Act 2010) Act 2023 apply regardless of the size of the organisation. A small business with five employees is subject to the same legal framework as a FTSE 100 company, though the steps it must take to comply will be proportionate to its size and resources.

The policy is needed when an organisation employs staff in any form — full-time, part-time, fixed-term, zero-hours, or agency workers. The Equality Act 2010 and the Employment Rights Act 1996 protect all workers, and the obligation to take reasonable steps to prevent harassment under the Worker Protection Act 2023 applies to all employers regardless of headcount. An employer that has no written policy, or that has a policy that has not been communicated or enforced, will find it difficult to argue the statutory defence under section 109(4) of the Equality Act 2010 that it took all reasonable steps to prevent the harassment.

The policy is needed when an employer has received a complaint of bullying or harassment — whether formal or informal. An employer that receives a complaint and has no documented procedure for responding to it risks breaching the ACAS Code of Practice on Disciplinary and Grievance Procedures, being found to have constructively dismissed the complainant if no action is taken, and facing Equality Act 2010 claims where the conduct relates to a protected characteristic. In A v Bonmarché Ltd [2019] Employment Tribunal Case 1803764/2018, a retail employee succeeded in an age harassment claim where the employer failed to act on multiple complaints about the manager's conduct.

The policy is needed before workplace events, team-building activities, and work social gatherings. Employment Tribunals and courts have consistently found that the 'course of employment' under section 109 of the Equality Act 2010 extends to work-related social events, even those occurring outside working hours and off the employer's premises: Chief Constable of the Lincolnshire Police v Stubbs [1999] ICR 547 (Employment Appeal Tribunal). An employer who circulates the bullying and harassment policy to all staff before a significant workplace social event demonstrates that reasonable steps were taken.

The policy is needed when an employer is carrying out a workforce risk assessment under the Management of Health and Safety at Work Regulations 1999. The HSE's Stress Management Standards require employers to identify psychosocial risk factors, including bullying and harassment, and to take action to address them. A documented policy forms part of the employer's evidence that organisational controls are in place.

The policy is particularly needed in sectors with a history of bullying-related litigation: healthcare (NHS Trust guidance requires all trusts to have anti-bullying policies under the NHS Staff Council's NHS Terms and Conditions of Service Handbook); construction (the Construction Industry Training Board and CITB identify bullying as a significant welfare concern); hospitality; and financial services (the Financial Conduct Authority's Senior Managers and Certification Regime requires certified persons to meet conduct standards, including treating colleagues fairly).

Following the introduction of the positive preventative duty under the Worker Protection Act 2023, an employer in any sector that does not have a current, compliant anti-harassment policy risks an EHRC enforcement investigation and a 25% uplift on any sexual harassment compensation awarded by an Employment Tribunal. The EHRC has confirmed it will use its investigation powers under the Equality Act 2006 to enforce the preventative duty.

A well-drafted UK Workplace Bullying and Harassment Policy must clearly define prohibited conduct, set out the reporting and investigation procedure, explain the consequences of policy breach, and comply with the Equality Act 2010, the ACAS Code of Practice, and (from October 2024) the Worker Protection (Amendment of Equality Act 2010) Act 2023.

The scope and application clause states who the policy applies to — all employees, workers, contractors, agency workers, and visitors to the workplace — and confirms that the policy covers conduct in the workplace, at work-related events (including social events outside working hours), in digital communications, and on social media platforms where the conduct is connected to work. The clause should confirm that the policy applies to conduct by managers towards their reports, peers towards peers, and subordinates towards managers, and that third-party harassment (by clients, customers, or suppliers) is also covered by the employer's duty of care.

The definitions clause sets out, with precision, the conduct prohibited by the policy. Harassment is defined by reference to section 26 of the Equality Act 2010 as unwanted conduct related to a relevant protected characteristic — age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation — with the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Sexual harassment is defined separately as unwanted conduct of a sexual nature, including verbal comments, physical contact, and the display of sexually explicit material. Victimisation is defined under section 27 of the Equality Act 2010 as treating someone less favourably because they have made, or are suspected of making, a complaint under the Act, or given evidence in connection with a complaint.

Bullying, which has no statutory definition but is addressed by the ACAS guidance and the HSE Stress Management Standards, should be defined as offensive, intimidating, malicious, or insulting behaviour, or an abuse or misuse of power through means intended to undermine, humiliate, denigrate, or injure the recipient — whether committed by an individual or a group. The definitions should state clearly that bullying does not need to be related to a protected characteristic to be prohibited under the policy and to give rise to legal consequences.

The informal resolution clause describes the options available before a formal complaint is made. Many bullying and harassment situations can be resolved informally: the recipient may wish to speak directly to the person whose behaviour they found unacceptable, or may prefer to ask a trusted colleague, line manager, or HR Business Partner to speak to that person on their behalf. The policy should encourage informal resolution where appropriate and where the recipient wishes to attempt it, without requiring informal resolution as a precondition for formal complaint.

The formal complaint procedure clause sets out the step-by-step process for making and investigating a formal complaint. The procedure should include: a written complaint to a named recipient (typically the HR Manager, a Director, or a nominated confidential contact) who is independent of the alleged perpetrator; an acknowledgement of the complaint within a specified timeframe (typically five working days); appointment of an investigating manager who has no prior involvement in the matter and who has received investigation training; interviews with the complainant, the alleged perpetrator, and any witnesses, all of which should be documented; an investigation report setting out the findings; and a decision meeting at which the outcome is communicated to the parties. The ACAS Code of Practice on Disciplinary and Grievance Procedures requires that both parties have the right to be accompanied at formal meetings by a trade union representative or a work colleague under section 10 of the Employment Relations Act 1999.

The confidentiality clause confirms that all parties to a complaint — the complainant, the alleged perpetrator, and witnesses — are entitled to have the matter handled with appropriate confidentiality. The clause should explain that absolute confidentiality cannot always be guaranteed (because a fair investigation requires that the alleged perpetrator is informed of the allegations against them), but that information will only be shared on a need-to-know basis. The employer must balance confidentiality obligations against the requirements of a fair investigation, bearing in mind that both parties have Article 6 (right to a fair hearing) and Article 8 (right to private life) rights under the Human Rights Act 1998.

The support and wellbeing clause identifies the sources of support available to all parties during the complaint process: the Employee Assistance Programme (EAP), occupational health referral, mental health first aiders, and external services such as the Samaritans (116 123) or Mind's legal advice service. The clause should confirm that seeking support does not prejudice a person's position in the investigation.

The disciplinary consequences clause explains that substantiated findings of bullying or harassment will be addressed through the employer's disciplinary procedure, which itself should comply with the ACAS Code of Practice. The clause should state that serious or repeated bullying and harassment may constitute gross misconduct, potentially warranting dismissal without notice. The clause should also address retaliation: victimising a person who has made a complaint, given evidence, or supported a complainant is prohibited and will itself be treated as a disciplinary matter.

The manager responsibilities clause sets out the specific obligations of managers and supervisors: to lead by example, to challenge unacceptable behaviour immediately, to respond promptly to complaints or concerns brought to their attention, and to refer matters to HR where appropriate. Managers who ignore, minimise, or tacitly condone bullying behaviour may themselves be subject to disciplinary action, and their conduct can affect the employer's vicarious liability defence under section 109(4) of the Equality Act 2010.

The review and training clause confirms that the policy will be reviewed at regular intervals (typically annually, or following significant legislative changes such as the Worker Protection Act 2023) and following any complaint investigation. The clause should confirm that all employees receive awareness training on the policy at induction and at regular intervals thereafter, and that managers receive additional training on recognising and responding to bullying and harassment. Training records should be retained as evidence of the employer's reasonable steps defence. The forms-legal.com Workplace Bullying & Harassment Policy (UK) template covers the mandatory elements under Employment Rights Act 1996.