A guide to preventing bullying and harassment in the workplace

James Cairns, Solicitor

Bullying, harassment and discrimination are not only damaging to those who experience them but also corrosive to workplace culture, staff retention and reputationally damaging for employers. For HR professionals, they present some of the most complex and sensitive issues to manage. The law in these areas is also shifting, and recent reforms have already imposed new duties on employers, and further changes are on the horizon.

What constitutes bullying, harassment and discrimination?

• Bullying: While not defined in law, bullying generally includes offensive, intimidating, malicious or insulting behaviour, including an abuse or misuse of power than undermines, humiliates, or cause physical or emotional harm to someone. Bullying behaviour can become harassment if it relates to any of the protected characteristics (age, disability, gender reassignment, marriage / civil partnership, pregnancy / maternity, race, religion or belief, sex and sexual orientation).
• Harassment: Under the Equality Act 2010, this is defined as unwanted conduct related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
• Discrimination: Occurs when someone is treated less favourably because of a protected characteristic (direct discrimination) or where a provisions, criterion or practice (PCP) disadvantages someone with a particular protected characteristic (indirect discrimination).

Our previous article by James Howarth, discussed sexual harassment in particular, and the new preventative duty on employers, which came into force on 26 October 2024, to take reasonable steps to prevent sexual harassment. The Employment Rights Bill, expected in October 2026, will extend these obligations further by requiring employers to take all reasonable steps to prevent sexual harassment, and reintroducing employer liability for any third-party harassment (not just sexual harassment), including making complaints of sexual harassment a public interest disclosure.

Handling complaints effectively

How an employer responds is critical, not only for maintaining trust of the employee but also in the eyes of an Employment tribunal. The tribunal will take into account whether the employer has investigated the complaint thoroughly and ultimately, fairly.

Best practice steps include:

1. Taking complaints seriously – regardless of when the incident occurred.
2. Acting promptly – delay can worsen the issue and weaken your legal position.
3. Informal v Formal – some cases can be resolved through conversations and mediations, but serious complaints require a formal process.
4. Fair investigation – appoint a neutral and independent investigator where possible. For smaller organisations, ensure the individual is neutral and keeps an open mind, avoiding assumptions. Alternatively, consider whether an external individual may be better placed to carry out the investigation.
5. Suspension – think carefully before suspending someone and only use where absolutely necessary, for example, to protect the integrity of an investigation or the safety of staff. Consider whether alternative measures would be sufficient before suspending. Clearly document the reasons for your decision.
6. Disciplinary action – if following a fair investigation and grievance process, disciplinary action is required, ensure you follow your organisation’s formal procedure, including giving the employee clear notice of the allegations, an opportunity to respond, the right to be accompanied at meetings, and a right of appeal. Again, clearly document the process throughout.
7. Supporting employees – advise employees on the support available, including EAP support, counselling or staff networks and external organisations for those affected.
8. Confidentiality – maintain the privacy of everyone involved.

Prevention is better than cure

Employers should take steps to reduce the likelihood of bullying, harassment and discrimination in the first place, by implementing the following:

• Policies – Ensure clear policies on bullying, harassment and discrimination, setting out unacceptable behaviours and reporting routes, are regularly updated and accessible for employees.
• Training – Provide regular, tailored training to staff and managers.
• Risk assessments – Identify high-risk areas, particularly where employees deal with third parties.
• Promote culture change – Culture starts at the top. Encourage openness and a zero-tolerance stance on misconduct within the workplace.
• Record keeping – Maintain detailed records of complaints, investigations and outcomes to spot patterns and evidence compliance.

Looking ahead

A recent Independent Review of Bullying, Harassment and Sexual Harassment at the Bar, chaired by Baroness Harriet Harman KC (Report-master-file-6.pdf) highlights just how entrenched these behaviours remain in professional environments. The review makes 36 recommendations aimed at tackling a culture where, as Baroness Harman puts it, “the jeopardy must change from the victim to the perpetrator.”

Although this review focuses on the Bar, its findings resonate across all sectors. The message for employers is that preventing bullying, harassment and discrimination is not just about legal compliance, it is about culture, accountability, and ensuring the people at all levels feel protected.

With new duties under the Employment Rights Bull expected next year, now represents a welcome opportunity for organisations to strengthen policies, procedures and training to better prevent, handle and respond to such complaints.