Warner Goodman Solicitors banner

Bullying and Harassment

Acas Early Conciliation

Feeling intimidated, humiliated, or stressed at work can take a serious toll. Everyone has the right to a safe and respectful workplace, but bullying and harassment can make that hard to achieve. If you are facing these challenges, it’s important to know your rights and the steps you can take to protect yourself and resolve the situation.

At Warner Goodman LLP, our Employment Litigation team can support you in raising a grievance with your employer and, if bullying or harassment continues, guide you through the next legal steps with care and understanding.



What is Workplace Bullying?

Bullying in the workplace is offensive, intimidating, malicious, or insulting behaviour that involves a misuse of power. It can leave employees feeling vulnerable, humiliated, or stressed.

Common examples include:

  • Excessive or humiliating criticism, especially in front of others
  • Unfair exclusion from meetings, emails, or team activities
  • Constant teasing, verbal abuse, or offensive jokes
  • Threats about job security or career progression
  • Intimidation, aggression, or threats of violence
  • Online abuse or cyberbullying

Reasonable feedback or constructive criticism intended to help you improve your performance is not considered bullying.



What is Workplace Harassment?

Harassment is unwanted physical, verbal, or non-verbal conduct that violates a person’s dignity or creates a hostile, degrading, or offensive environment. Under the Equality Act 2010, harassment can relate to a protected characteristic, including:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

Discriminatory comments or jokes about these characteristics, even if not directed at you personally, may still constitute harassment.



Steps to Take if You Are Being Bullied or Harassed

  1. Keep a Record of Incidents
    Document everything, including dates, times, locations, and the names of witnesses.
     
  2. Consider Informal Resolution
    If it is safe to do so, speak to the person responsible or have a neutral colleague or mediator present.
     
  3. Report to Management or HR
    If informal discussion does not resolve the issue, escalate it to your line manager or HR department.
     
  4. Follow Your Employer’s Grievance Procedure
    Most employers have a formal grievance process, often outlined in the staff handbook.

Employees who report bullying or harassment should not face retaliation or any adverse consequences (known as Victimisation). If this occurs, raise it under your employer’s grievance procedure.



Taking Action When Bullying or Harassment Continues

If bullying or harassment continues despite internal procedures, legal action may be possible:

  • Employment Tribunal Claims
    Under the Equality Act 2010, you can claim harassment if it relates to a protected characteristic.
     
  • Constructive Dismissal
    If bullying forces you to resign, you may have a claim for constructive dismissal due to a breach of the implied term of mutual trust and confidence.
     
  • Compensation
    Employment tribunals may award damages for financial loss, injury to feelings, or health impacts caused by bullying or harassment.

We can guide you through your legal options if bullying or harassment continues, helping you take action and seek the outcome you deserve with understanding and care.



How We Can Help

Our Employment Litigation team provides expert advice and support for employees facing workplace bullying and harassment. We can:

 Guide you through your employer’s grievance process
 Provide legal advice on Employment Tribunal claims
 Assist with discrimination, constructive dismissal, and related claims
 Support you in seeking compensation for mental or physical harm
 

No one should have to face bullying or harassment alone. At Warner Goodman LLP, we provide guidance and support to help you address issues at work and protect your well-being.



Frequently Asked Questions

 

What is the difference between bullying and harassment at work?

Bullying is repeated, offensive, intimidating, or insulting behaviour that misuses power and causes stress or humiliation. Harassment specifically relates to unwanted conduct connected to a protected characteristic under the Equality Act 2010 (e.g., age, sex, race, disability) and creates a hostile or degrading environment.

Do I need to report bullying or harassment to take legal action?

You are not required to report internally to take legal action, but following your employer’s grievance procedure can strengthen your case and may lead to a resolution without tribunal involvement. Keeping a detailed record of incidents is essential.

Can I claim constructive dismissal if I resign due to bullying or harassment?

Yes. If the bullying or harassment is severe enough to breach the implied term of mutual trust and confidence in your contract, resigning may be treated as constructive dismissal, giving you grounds for a claim. Legal advice is crucial before taking this step.

Can bullying or harassment be online or via email?

Absolutely. Cyberbullying, offensive emails, inappropriate messages, and social media abuse all count as workplace bullying or harassment if they relate to your role or protected characteristic.

What compensation can I claim for workplace bullying or harassment?

Tribunals may award compensation for:

  • Financial losses (lost earnings, benefits, or expenses)
  • Injury to feelings
  • Personal or psychological harm caused by the bullying or harassment

What is victimisation, and am I protected from it?

Victimisation occurs when an employer retaliates against an employee for raising a grievance or making a tribunal claim. It is illegal, and employees are entitled to protection under UK law.

How long do I have to make a harassment claim?

Employment Tribunal claims must generally be submitted within three months less one day from the date of the last incident. Early legal advice is recommended to avoid missing deadlines.

Can I make a claim if I’m still employed and facing bullying or harassment?

Yes. You can raise a grievance, seek internal resolution, or pursue legal action while still employed. Legal guidance can help protect your position and prevent escalation.

Can witnesses support my claim?

Yes. Witness statements from colleagues or others who observed the bullying or harassment can strengthen your case in internal procedures or at an Employment Tribunal.

How does ACAS Early Conciliation work for bullying and harassment claims?

Before filing a tribunal claim, you must contact ACAS. They will attempt to mediate between you and your employer, aiming to resolve the dispute without going to a tribunal. ACAS issues a certificate allowing you to proceed if conciliation fails.

What if my employer ignores my grievance?

If internal procedures fail, you may still take your claim to an Employment Tribunal. Evidence of your grievance attempts and any employer inaction can support your case.

Can I claim harassment for behaviour that isn’t directed at me personally?

es. Even offensive jokes, comments, or conduct about a protected characteristic that creates a hostile environment can constitute harassment, even if not personally targeted.

Can I make a claim if I’m on probation or a fixed-term contract?

Probationary or fixed-term employees may still have protection under the Equality Act 2010 for harassment, discrimination, or victimisation. Constructive dismissal claims can be more complex, but may still apply if the conduct breaches your contract or statutory rights.


Why Choose Warner Goodman LLP?

No one should have to endure bullying or harassment at work or face the stress and anxiety caused by a hostile environment. Our specialist employment solicitors in Hampshire are here to provide guidance, support, and expertise.

We offer a proven track record in handling workplace bullying and harassment cases, with benefits including:

 Over 170 years of combined experience in employment law for employees
 High success rate in representing employees in harassment, discrimination, and constructive dismissal claims
 Clear pricing for transparency and peace of mind
 Clients rate us ‘excellent’ on reviewsolicitors.co.uk, based on over 1,000+ reviews
 Fully regulated and authorised by the Solicitors Regulation Authority (SRA)
 

With Warner Goodman LLP, you can rely on a team that is experienced, approachable, and committed to achieving the best outcome for every client.



Speak to Our Employment Law Experts

If you are experiencing bullying or harassment at work, it’s important to get specialist legal advice as soon as possible. Our experienced solicitors can guide you through every step of the process, including grievance procedures, ACAS early conciliation, and Employment Tribunal claims, to protect your rights and achieve the best possible outcome for you.

We assist clients across Hampshire and beyond, with offices conveniently located in Southampton, Portsmouth, Fareham, Chandler's Ford, and Waterlooville. You can choose to meet in person or arrange a remote appointment.

Call: 023 8063 9311
Email: employment@warnergoodman.co.uk

Alternatively, complete our online enquiry form to request a confidential callback.



 

To speak to one of our experts please call us