Bullying and harassment at work
Bullying and harassment are common problems affecting many members at work. But both behaviours are unacceptable, and the law makes it clear that all employees have the right to work in a safe environment.
Your employer is responsible for creating and maintaining a safe workplace, free from bullying, intimidation and harassment. Employees are protected by a combination of employers’ policies and legislation.
If you or someone you know is affected by bullying and harassment, contact your UNISON representative for advice.
On this page
What is bullying?
Bullying may include:
- Offensive, intimidating, malicious, or insulting behaviour.
- Abuse of authority which violates the dignity of an individual or a group of people.
- Creating a hostile environment against an individual.
- The undermining, humiliation or injury of an individual.
The bullying does not need to relate to a protected characteristic (discussed below) but unless it does, or is of a sexual nature, it is not prohibited by the Equality Act 2010 (or, in Northern Ireland, under various pieces of equality legislation addressing a protected characteristic).
What is harassment?
Harassment is defined as unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile, degrading, humiliating or offensive environment.
To be protected under the Equality Act (or in Northern Ireland under various pieces of equality legislation addressing a protected characteristic), it must be related to gender reassignment, disability, age, sex (or be of a sexual nature), sexual orientation, race, religion or belief (and in Northern Ireland political opinion) or nationality. It may be an isolated incident or come up again and again.
Harassment includes bullying if it relates to one of the protected characteristics listed above.
A key factor in determining whether harassment has occurred is whether the actions or comments are viewed as demeaning and unacceptable to the recipient.
A few examples of bullying/harassment could include:
- Making offensive or intimidating comments.
- Withholding information so the job cannot be done properly.
- Unreasonable or impossible deadlines or workloads.
- Overbearing supervision or unjust criticism.
- Blocking opportunities or making threats about job security.
What can UNISON do?
UNISON works at many levels to tackle bullying and harassment in the workplace:
- Nationally – we campaign against bullying and harassment and you can help us spread the word. Members can become a UNISON safety rep to help reduce bullying and harassment in your workplace.
- Locally – our safety reps and stewards are trained to help you find a solution to bullying and harassment issues.
- Your UNISON rep may investigate whether your case is a one-off incident, or part of a wider problem.
- Reps may also survey members and workers and may negotiate with your employer to create or revise policies.
Frequently asked questions
They then need to take preventive measures, which are effectively planned, organised, controlled, monitored and reviewed.
So, a risk assessment can The Health and Safety at Work Act 1974 and the Health and Safety at Work (Northern Ireland) Order 1978 require employers to provide a safe and healthy working environment, including protection from bullying and harassment at work.
If it is not covered by the Equality Act 2010 (or Northern Ireland legislation covering protected characteristics), it may still be possible to bring a claim in the county court , or the Sheriff Court in Scotland, under the Protection from Harassment Act 1997 (or the Protection from Harassment (Northern Ireland) Order 1997).
Under this legislation employers can be liable for harassment by their employees.
The harassment must amount to a ‘course of conduct’ and must be serious enough that it would justify sanction under the criminal law.
It can be difficult to determine when conduct is serious enough: you should contact your UNISON rep for more information if you have a concern.
If personal injury arises, it may also be possible to bring a claim in negligence in the county court. Again, you should contact your UNISON rep for more information if you have a concern.
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.