Harassment and Bullying Complaints: How Employers Should Investigate and Respond

Can Employees Take Legal Action for Workplace Bullying or Harassment?

Workplace bullying and harassment remain some of the most sensitive and frequently misunderstood issues in employment law. For employees, the key question is often whether they can take legal action and what their chances of success are. For employers, the concern is usually how everyday workplace conflict can escalate into formal legal claims if not handled correctly.

This article explains when workplace behaviour becomes legally actionable, what claims may arise, and how employers can reduce legal and reputational risk.

What Is the Legal Difference Between Bullying and Harassment?

Understanding the difference between bullying and harassment is essential, because only one of these concepts is clearly defined in legislation.

Bullying is not a standalone legal claim

Bullying is a broad, non-legal term used to describe repeated, unreasonable behaviour that may be intimidating, degrading, or offensive. However, it is not, on its own, a recognised cause of action in English and Welsh employment law.

This means that an employee cannot bring a tribunal claim simply because they have been bullied. Instead, the behaviour must fall within another legal category such as discrimination, breach of contract or constructive dismissal.

That said, bullying behaviour is still highly relevant legally because it often forms the factual basis of other claims.

In practice, bullying may give rise to legal liability where it:

• forms part of a discrimination claim linked to a protected characteristic
• contributes to a breakdown in trust and confidence leading to resignation
• causes medically recognised psychiatric injury

Each of these routes relies on different legal tests, but all can arise from the same underlying conduct.

Harassment

Harassment has a specific legal meaning under section 26 of the Equality Act 2010. It occurs where unwanted conduct related to a protected characteristic has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Protected characteristics include age, sex, race, disability, religion or belief, sexual orientation, and gender reassignment. Although pregnancy/maternity does not fall under this list, it is also protected by section 18.

Tribunals apply both a subjective and objective test when assessing harassment. This means the employee’s perception is relevant, but the tribunal must also consider whether it was reasonable for the conduct to have that effect in the circumstances.

Importantly, behaviour may be unpleasant or unprofessional without being harassment, if it is not linked to a protected characteristic. This distinction is often misunderstood and is a key reason why not every bullying complaint leads to a legal claim.

What Legal Claims Can Employees Bring for Bullying or Harassment?

Where workplace behaviour becomes legally actionable, employees may have several potential claims depending on the facts of the case.

Discrimination

If conduct is connected to a protected characteristic, an employee may bring a discrimination claim in the Employment Tribunal under the Equality Act 2010. Discrimination arises where an individual is treated less favourably, or placed at a disadvantage, because of a protected characteristic under section 4, with common forms including direct discrimination and indirect discrimination.

Harassment

Workplace harassment claims in England and Wales are also brought under the Equality Act 2010 in the Employment Tribunal. Harassment is unwanted conduct related to a protected characteristic which violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

Both Harassment and Discrimination claims follow the same procedural framework

Before issuing a claim, the claimant must notify ACAS and participate in Early Conciliation, which pauses the limitation period. If settlement is not reached, ACAS issues an Early Conciliation certificate and the claim is started by submitting an ET1 to the Employment Tribunal.

These claims are particularly significant because they:

• do not require any minimum length of service
• can be brought from day one of employment
• carry uncapped compensation potential

Compensation may include financial loss and injury to feelings, assessed using the Vento guidelines, which provide bands depending on severity.

These claims are often the most serious from an employer’s perspective because liability can arise even where senior management was unaware of the behaviour.

Constructive unfair dismissal

Where bullying or harassment is sufficiently serious, an employee may resign and claim constructive dismissal.

To succeed, the employee must show that:

• the employer committed a fundamental breach of contract, usually a breach of the implied term of mutual trust and confidence, and
• they resigned in response to that breach without affirming the employment contract

In most cases, employees must have at least two years’ continuous service to bring this claim. However, under the newer Employment Rights Act 2025 reforms, the qualifying period is expected to reduce from two years to six months from 1 January 2027.

These claims often arise where employers fail to properly investigate or respond to complaints.

Personal injury claims for psychiatric harm

In some cases, employees may bring a civil claim for psychiatric injury if workplace conduct has caused medically recognised harm.

These claims are based on negligence and require the employee to show that:

• the employer owed a duty of care
• that duty was breached
• the breach caused reasonably foreseeable psychiatric injury

Common examples of psychiatric harm include: PTSD, clinical depression and general anxiety disorder.

These claims are more complex than tribunal claims and usually require medical expert evidence. They are typically pursued in the civil courts rather than employment tribunals.

Whistleblowing detriment claims

Employees may also be protected under whistleblowing legislation if they suffer unfair treatment after bringing a claim.

Employees are protected if they disclose information that, in their reasonable belief, shows wrongdoing such as:

• breach of legal obligation
• criminal offence
• health and safety risk

Complaints about systemic harassment may fall within this category if they relate to a breach of legal obligations.

These claims do not require any qualifying period of service and compensation is uncapped.

What Evidence Do Employees Need?

Employees do not need perfect evidence to bring a claim, but the strength of their case will depend on what they can demonstrate.

Relevant evidence may include:

• emails, messages, and written communications
• contemporaneous notes or diaries
• witness evidence from colleagues
• medical evidence where psychological harm is alleged

Tribunals assess all evidence in the round and will consider consistency, credibility, and supporting documentation.

Time Limits for Bringing a Claim

Strict time limits apply to employment tribunal claims.

Most claims, including discrimination and constructive dismissal, must be brought within three months less one day of the act complained of.

In discrimination cases, tribunals may extend time where it is just and equitable to do so, depending on the circumstances.

Before issuing most Employment Tribunal claims, prospective claimants must notify ACAS and go through Early Conciliation under section 18A of the Employment Tribunals Act 1996. The limitation period is effectively paused during the Early Conciliation process while settlement is explored.

Missing a deadline can prevent a claim from proceeding entirely, regardless of its merits.

How the Jonathan Lea Network can help

Workplace bullying and harassment complaints can escalate quickly into formal legal claims if not handled correctly.

JLN can advise employers and/or employees at every stage of the process, including:

• early-stage risk assessment and response strategy
• conducting or supporting workplace investigations
• defending employment tribunal claims where disputes arise

Early legal advice often prevents escalation and helps resolve matters before they become costly and disruptive litigation.

If your organisation is dealing with a complaint, or you want to strengthen your internal processes to reduce risk, early advice can make a significant difference.

Contact JLN in confidence to discuss your situation and receive clear, practical guidance tailored to your circumstances.

Contact Us

We provide enquiries with an indicative scope of work and fee estimate, based on the information you share. We aim to respond within one working day.

In the same email, you will be invited to arrange a 20-minute complimentary, no-obligation video consultation, should the proposed scope of work and fee estimate be of interest. This initial discussion is designed to better understand your requirements, refine the scope, and ensure our approach is fully aligned with your objectives.

Where you would prefer to receive initial advice and guidance from the outset, we may instead recommend a fixed-fee consultation (from £250 + VAT) as a more appropriate starting point. This enables us to provide considered, tailored advice at an early stage.

To make an enquiry, please email us at wewillhelp@jonathanlea.net, complete our contact form, or call us on 01444 708640.

 

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.