Frequently Asked Questions About Bullying at Work.

Bullying at work can have a serious impact, affecting mental health, confidence and the ability to do your job. Many people who experience it don’t know where they stand legally or whether they have any options to bring a claim. 

This guide from our expert team answers some of the most frequently asked questions about workplace bullying, including what it is, what the law does and does not cover, and what your options may be if bullying has led to psychiatric harm. 

1. What is bullying at work? 

Bullying at work refers to repeated behaviour that undermines, humiliates, intimidates, or isolates an employee. It can include excessive criticism, exclusion from meetings, aggressive management styles, public belittling, spreading rumours, or setting unrealistic expectations designed to cause failure.

However, UK law doesn’t have a specific law against bullying on its own, which often surprises people. In other words, you don’t have a legal claim just because someone bullied you.

Instead, bullying at work becomes legally relevant when it leads to psychiatric injury, amounts to discrimination or harassment under equality legislation, breaches an employment contract, or forms part of a constructive dismissal or negligence claim.

The label itself is less important than the impact. The legal focus is usually on the harm caused by the bullying behaviour. It also considers if that harm was foreseeable and examines how the employer responded after someone raised concerns. 

2. Can I sue my employer for bullying at work? 

You cannot sue someone just because they bullied you. However, you may have a legal claim if bullying caused a recognised psychiatric injury.

This could include:

• an anxiety disorder
• depression
• post-traumatic stress disorder

You may also need to show your employer did not take reasonable steps to prevent harm. This applies once the risk became clear.

In some cases, a person may make a claim under the Equality Act 2010. This applies if the bullying relates to a protected characteristic. Protected characteristics include disability, race, sex, religion, or age.

In some cases, you may file a civil personal injury claim. You can do this if your employer breached its duty of care. The breach must have caused psychiatric harm.

The key questions are whether the injury was reasonably foreseeable – this means it was realistic and likely enough for the employer to have seen it coming. Another key question is whether the employer responded reasonably after employees raised concerns.

How can Setfords help?

David Miers is a consultant solicitor specialising exclusively in work-related stress and psychiatric injury claims. He is based in Liverpool but can represent clients nationwide on a fully remote basis. He joined Setfords in 2019 and previously led the Work-Related Stress team at Slater & Gordon after training at Weightmans.

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3. What counts as workplace bullying in the UK? 

People typically characterise workplace bullying as a pattern of behaviour rather than a single isolated incident. It often involves repeated undermining, excessive monitoring, unfair criticism, exclusion, intimidation, or hostile conduct. It may also include public humiliation, micromanagement designed to create stress, or deliberate attempts to erode confidence.

However, robust management, performance management, or legitimate criticism does not automatically amount to bullying. The distinction often lies in repetition, tone, intention, and impact.

The legal assessment focuses less on the label. It looks more at whether the behaviour caused a foreseeable risk of psychiatric harm. It also considers whether it breached statutory protections (your minimum legal rights as an employee).

4. What is the difference between bullying and harassment?

Unlike harassment, which is legally defined under the Equality Act 2010 and the Protection from Harassment Act 1997, bullying has no standalone legal definition in UK law. This means claims often rely on proving discrimination, a pattern of oppressive conduct, or employer negligence rather than the bullying itself.

Harassment:

UK law defines harassment in specific statutory terms. The most commonly encountered framework in the workplace is the Equality Act 2010.

Under that legislation, harassment involves unwanted conduct related to a protected characteristic, such as disability, sex, race, religion or age, which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The focus is on discrimination and workplace treatment linked to a protected characteristic. People usually bring claims in the Employment Tribunal.

Harassment can also arise under the Protection from Harassment Act 1997. It works differently and is often overlooked at work. This Act was originally introduced to deal with stalking, but it has a much broader scope. It creates a civil claim and, in some cases, a criminal offence.

This applies when there is a course of conduct that amounts to harassment. It also applies when the perpetrator knows, or should know, it is harassment.

A “course of conduct” usually needs:

• at least two incidents
• The behaviour must be oppressive and unacceptable
• It must be more than unattractive or unreasonable behaviour

In employment, repeated bullying can sometimes meet this test. Intimidation can also meet it in some cases.

Targeted undermining may also qualify. Persistent hostile conduct can qualify too. This can apply even without a protected characteristic.

Claims under the 1997 Act are usually brought in the civil courts rather than Employment Tribunal and can include compensation for anxiety and financial loss as well as injunctions to stop further harassment.

Bullying:

Unlike harassment, bullying is not legally defined as a standalone cause of action in English law; there is no specific law that covers bullying on its own. It is a descriptive term used to capture patterns of behaviour such as excessive criticism, exclusion, intimidation or undermining.

Bullying may overlap with Equality Act harassment when it involves protected characteristics. It may also be harassment under the Protection from Harassment Act when it is repeated and oppressive. However, bullying can also exist outside both frameworks. A workplace can be bullying in nature without engaging discrimination law or the statutory definition of harassment.

In those situations, the legal route is usually indirect. Claims may arise through employer negligence where:

• Psychiatric injury is caused
• There is a breach of contract (including the implied term of mutual trust and confidence)
• It counts as constructive dismissal in employment law

For bullying, the legal analysis focuses less on the label and more on the impact. It also considers what the employer knew and whether they took reasonable steps to prevent harm. This applies once the risk became clear. 

5. What should I do if someone bullies me at work?

In the early stages, it is often important to make concerns visible in a professional and measured way. Many psychiatric injury cases turn on the concept of foreseeability. An employer does not need to prevent hidden harm. However, once it knows or ought reasonably to know that an employee is at risk of illness, its duty of care becomes engaged.

This means you should clearly say the behaviour affects your wellbeing. Ideally, link it to health impacts, not just dissatisfaction. Documentation can also become important. Emails confirming conversations, written concerns, occupational health referrals, and stress risk assessments often form the foundation of later analysis if matters escalate.

The focus initially should not be litigation. It should be stabilisation and prevention. Early intervention often changes outcomes.

How Setfords can support you.

If you are experiencing bullying at work, getting the right legal advice can make a significant difference. The experienced employment solicitors at Setfords provide clear, practical guidance to help you understand your rights and explore your options if you are facing workplace bullying or harassment.

Contact us

6. Do I need to raise a grievance about bullying?

A grievance can serve different purposes depending on timing. In earlier stages, it creates organisational awareness and gives the employer an opportunity to intervene. Later, if your health has worsened, a grievance can help record what happened. It can also show how it was handled and what impact it had.

It’s not mandatory to raise a grievance before bringing a claim, but it can be strategically important. It may strengthen a later case by establishing when concerns became visible and whether meaningful action followed. It can also lead to internal resolution.

7. What if my employer says it is just a personality clash?

A grievance can serve different purposes depending on timing. In earlier stages, it creates organisational awareness and gives the employer an opportunity to intervene. Later, if your health has worsened, a grievance can help record what happened. It can also show how it was handled and what impact it had.

It’s not mandatory to raise a grievance before bringing a claim, but it can be strategically important. It may strengthen a later case by establishing when concerns became visible and whether meaningful action followed. It can also lead to internal resolution.

8. Can bullying at work cause a psychiatric injury claim?

Yes. If sustained bullying leads to a recognised psychiatric condition such as:

• clinical depression
• anxiety disorder
• PTSD

and it was reasonably foreseeable that harm might occur, a civil personal injury claim may be possible.

Medical evidence becomes key. A formal psychiatric report will consider diagnosis, causation, prognosis, and impact on work. The claim will examine whether reasonable steps were taken to reduce risk once concerns were raised. There must usually be a recognised psychiatric injury supported by expert evidence.

9. What is “foreseeability” in bullying and stress claims?

Foreseeability means whether the employer knew, or should have known, that an employee faced a risk of psychiatric harm. Pressure from your role alone does not automatically create liability, as many roles are demanding.

The position changes when warning signs become visible. These might include:

• repeated complaints
• medical evidence
• sickness absence
• clear communication that someone’s mental health is suffering

Once the risk is visible, the employer is expected to take reasonable steps to prevent harm.

In many workplace stress cases, the dispute centres on when the risk became foreseeable and what was done in response.e raised. There must usually be a recognised psychiatric injury supported by expert evidence.

10. How long do I have to bring a claim for bullying at work?

Time limits depend on the type of claim.

Employment Tribunal claims, such as discrimination or constructive dismissal, must typically be brought within three months minus one day from the act complained of, subject to ACAS Early Conciliation.

ACAS Early Conciliation is a free service where ACAS contacts you and your employer to see if the dispute can be resolved or settled without going to Tribunal.

Civil personal injury claims for psychiatric injury usually have a three-year time limit. This runs from the injury date or the date you knew it was work-related.

Strategic timing decisions matter because early Tribunal cases can sometimes affect later injury claims. This can happen when both come are based on the same events..e raised. There must usually be a recognised psychiatric injury supported by expert evidence.

Setfords is here to support.

We have a specialist solicitor in David Miers who is highly experienced in this area of work and is one of the few UK specialists in work-related stress claims. David has a proven track record with millions of pounds of compensation recovered for clients since joining Setfords in 2017.

Reach out today

11. What compensation can I receive for bullying at work?

Compensation depends on the legal route.

In the Employment Tribunal, awards may include injury to feelings and loss of earnings. They may also include compensation for discrimination or unfair dismissal.

In civil personal injury claims, damages fall into two groups.

General damages cover pain, suffering, and loss of amenity.

Special damages cover financial losses, like past and future lost earnings.

They also include treatment costs and any impact on your pension.

Two individuals exposed to similar bullying may receive very different compensation depending on how severely they were affected, how long symptoms lasted, and how their earning capacity was impacted.

12. What if I am off sick because of bullying?

If workplace bullying has led to sickness absence, recovery should be prioritised. GP records, fit notes and occupational health reports often become important evidence later. Employers are usually expected to manage absence reasonably, consider adjustments, and monitor wellbeing.

At this stage, we should carefully make decisions about grievances, return-to-work planning, or a potential exit.

Resigning too quickly can sometimes complicate your legal options, especially if you have not clearly documented your concerns beforehand.

13. Is bullying at work grounds for constructive dismissal?

Bullying can amount to constructive dismissal if it constitutes a fundamental breach of contract, such as breaching the implied term of mutual trust and confidence. However, constructive dismissal claims are complex and time limited.

Resignation should never be a reactive step taken without legal advice. It may be appropriate in some cases, but it carries risks and can affect other available remedies.

14. Do I need a specialist lawyer for a bullying at work claim?

Workplace bullying cases often sit at the intersection of employment law and personal injury law. They require understanding of foreseeability, psychiatric evidence, equality legislation, limitation periods, and strategic interaction between Tribunal and civil routes.

Choosing the right legal adviser can affect not only prospects of success but also whether options remain available later. Early, informed advice often prevents unintended consequences and ensures decisions align with both legal position and personal recovery. If you think bullying at work has affected your mental health, or if you are unsure whether what you have experienced gives rise to a legal claim, it is worth speaking to someone who understands both the employment and personal injury aspects of these cases.