A Guide for WEU Members
Every worker deserves to be treated with dignity and respect. Harassment and bullying, in any form, undermine the values of fairness, equality and safety that Trade Unions fight to protect. While both behaviours are harmful, it’s important to understand how they differ, especially when it comes to the legal protections available.
Harassment and Bullying: What’s the Difference?
Although the terms are often used interchangeably, there is a key legal distinction between bullying and harassment.
Bullying refers to behaviour that is offensive, intimidating, malicious or insulting. It can include abuse of power that humiliates or undermines the victim.
Examples might include constant criticism, public belittling, or deliberate exclusion. However, bullying on its own is not recognised as a specific legal offence under current UK legislation.
Harassment, on the other hand, is clearly defined in the Equality Act 2010. It is unlawful and occurs when someone engages in unwanted conduct related to a protected characteristic, such as age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation and that behaviour violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Recognising Workplace Harassment
Harassment doesn’t have to be repeated to be serious. A single incident may be enough if it crosses the line of decency or professionalism. It doesn’t have to happen face-to-face. Inappropriate emails, social media messages, or even exclusion from group chats can constitute harassment.
What matters is how the behaviour is received and whether it impacts the dignity and wellbeing of the person on the receiving end.
Examples of workplace harassment can include:
- Spreading malicious rumours or gossip
- Public humiliation or ridicule
- Threats about job security with no justification
- Misuse of power, such as micromanagement or unfair performance reviews
- Blocking someone’s career progression deliberately
- Excluding someone from meetings or opportunities
- Derogatory comments based on protected characteristics
- Inappropriate digital content or tone of communication
- Unwelcome sexual advances or suggestive remarks
Digital harassment is on the rise, and employers must take this seriously.
Inappropriate emails, WhatsApp messages or shared content can create a toxic work environment just as much as in-person misconduct.
Harassment at Work – an example
Imagine you’re someone who values work-life balance. You put in your contracted hours, work hard, but don’t check emails on weekends. Your line manager begins to criticise you regularly, suggesting you’re not committed enough. They then start to exclude you from development opportunities and projects that could advance your career. You’re made to feel isolated and undervalued.
In this scenario, your manager’s behaviour ‘could’ constitute harassment, especially if it’s linked to assumptions about your age, gender, or any other protected characteristic. Even if it’s not, there may be a case for formal grievance action. Speak to our WEU office for advice.
Sexual Harassment and the Law
Sexual harassment is one of the most common and most underreported forms of workplace abuse. It includes unwanted verbal, non-verbal or physical conduct of a sexual nature. This might involve inappropriate comments, unwanted touching, suggestive messages, or showing offensive material to others.
The Equality Act 2010 makes clear that employers are legally responsible for protecting workers from sexual harassment. From 26 October 2024, under the Worker Protection (Amendment of Equality Act 2010) Act, employers will also be under a positive duty to take reasonable steps to prevent it happening in the first place, including from third parties such as customers or contractors.
Some forms of sexual harassment may also be prosecuted as criminal offences under the Protection from Harassment Act 1997. This law covers stalking, repeated unwanted contact, or online abuse, behaviours which are increasingly common but no less damaging.
Sexual Harassment – An example
Suppose a colleague regularly shares sexually explicit images or jokes in the office, and though these aren’t directed at you personally, they make you uncomfortable and affect your ability to work effectively.
That still counts as potential harassment. The law recognises that the impact on the environment, not just the intent or target, matters. You do not have to confront the person directly or even say that the behaviour is unwanted for it to be classed as harassment.
You can, and should, raise your concern, either with the person involved, with HR, or with our WEU office, if you don’t feel safe doing it alone.
Harassment Can Happen to Anyone
Harassment doesn’t discriminate but its impact does. Research shows that while both men and women can be victims, women are more likely to be harassed, and male perpetrators are more common in cases of serious misconduct.
Some research has found that 52% of women have experienced sexual harassment at work.
However it is important to note that men who report sexual harassment often face disbelief and blame. It is vital that all workers, regardless of gender, sexuality or background are taken seriously when they speak up.
Someone may be targeted not just because of their gender, but also their race, sexuality, disability or religion. The law recognises these layered experiences as unlawful discrimination.
What to Do if You believe you are affected by harassment.
If you think you’re experiencing bullying or harassment at work:
- Keep a diary or written record of events, dates, people involved and what was said or done
- Save copies of relevant emails, messages or social media content
- Speak to our WEU off for advice and support
- Consider raising the issue informally, if safe to do so, or file a formal grievance
- Contact external organisations like ACAS or the Equality Advisory Support Service if needed
If you witness someone else being harassed, don’t stay silent. Speak up if you can, offer support to the colleague affected, and report the behaviour to your line manager or discuss it with the WEU office for advice.
No One Should Face Harassment Alone
Harassment and bullying are workplace issues but they’re also Trade Union issues and calling the WEU office for advice is important. No one should have to put up with being demeaned, excluded or intimidated at work. These behaviours are not just inappropriate, they are often unlawful.
Whether you’re experiencing it yourself or supporting a colleague, speak to your us. We’re here to ensure no one is left to face harassment on their own.