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Essential points

  • Bullying and harassment cover a wide range of actions, for example, picking on someone, spreading malicious rumours about them verbally or on social media, denying them training opportunities or otherwise treating them unfairly at work can all amount to bullying and/or harassment.
  • While there is no specific law against bullying, harassment is unlawful under the Equality Act 2010 if it is related to age, disability, sex, sexual orientation, gender reassignment, race, religion or belief.
  • Harassment is also unlawful under the Prevention from Harassment Act 1997 if there has been a course of conduct (ie at least two incidents of harassment) and employers can be vicariously liable where such harassment takes place in the course of employment.
  • In both cases, employers can be liable for any harassment their employees suffer at work from their colleagues, and the perpetrator can also be personally liable.
  • Employers have a duty under the Equality Act 2010 to protect employees from harassment by third parties. This was introduced with effect from 30 October 2026 under the Employment Rights Act 2025.
  • Employers can potentially defend claims brought under the duty to prevent harassment related to any of the protected characteristics if they can show they have taken "all reasonable steps" to prevent the harassment. The "reasonable steps" defence will be thoroughly interrogated by tribunals and courts. Further possible preventative procedures are explored below. 
  • Employers have a duty to take all reasonable steps to prevent sexual harassment of employees and workers in the course of their employment. This is a continual and anticipatory duty, enforced by the Equality and Human Rights Commission, which requires employers to act before sexual harassment happens. 
  • A disclosure of sexual harassment which has occurred, is occurring or is likely to occur is a protected disclosure under whistleblowing law. This is explained further below.  

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Disclaimer 

​Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

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