What Legally Counts As Workplace Bullying?

Legal comment provided by Jayne Harrison, Head of Employment Law at Richard Nelson LLP.

Recently, reports claimed that Channel 5′s Dan Walker is set to appear before an employment tribunal following allegations of workplace bullying.

But what is the legal definition of workplace bullying to begin with – and how can you tell if it’s happening to you?

What are your rights if you think you’re being bullied in a professional setting?

We spoke to Jayne Harrison, a head of employment law, about the topic.

There isn’t a single legal definition of bullying.

But, Harrison told us, “ACAS defines workplace bullying as offensive, intimidating, or malicious behaviour that abuses, undermines, or humiliates the recipient.

“Bullying is usually characterised by behaviour that is directed at an individual, either with the intent to cause distress or with reckless disregard for the consequences. This behaviour must go beyond the ordinary unpleasantness of a workplace and create a foreseeable risk of harm.”

Additionally, bullying can involve a pattern of repeated and deliberate behaviour, such as spreading malicious rumours, excluding specific people from work activities, and consistently undermining a worker.

“These actions are designed to create an intolerable working environment for the victim. In contrast, a general negative work environment may involve unpleasantness or conflict that does not specifically target an individual or cause harm.”

Sometimes, Harrison continued, seemingly professional demands can count as bullying too.

“Acas cite deliberately giving someone a heavier workload than everyone else as an example of bullying. If the targets or unfair workload are unreasonable, impossible to achieve, or used specifically to humiliate or punish an employee, then this would be classed as bullying.”

Yes, said the lawyer, especially if it “is severe, intentional, or creates a lasting intimidating or hostile environment”.

The nature and severity matter here, she added. Something like “shouting, making derogatory remarks, or overbearing supervision could be considered bullying if they cause the recipient to feel vulnerable, humiliated, or undermined.”

Power structures are an important consideration here, as are the intentions behind the behaviour, and whether it exploited “specific vulnerabilities of the individual, such as their age, sex, or disability”.

People in positions of power can be bullied by those on a lower rung of the corporate ladder, she added.

“This is sometimes called ‘upward bullying’ or ‘subordinate bullying’. It can be from one worker or a group of workers,” and may involve refusing to take orders, spreading rumours, repeatedly undermining an individual’s authority, and deliberately setting someone up to look incompetent when they are not.

Harrison suggested five steps:

“If someone’s behaviour makes you uncomfortable, try to address it early. Calmly let the person know that their actions or words are inappropriate and that you would like to be treated with more respect. Setting clear boundaries can help prevent these situations from escalating.”

“Speak up if you witness bullying or feel like you have been affected. You might start by talking to a trusted colleague, manager, or HR representative. Document what is happening, including dates, times, and details. This can be important if the issue needs to be formally addressed later.”

“Be aware of how people are being treated in the workplace. If you see disrespectful behaviour, support your colleagues and speak up when it is safe to do so. Promoting kindness and respect helps create a better environment for everyone.”

“At networking events or work functions, remember that alcohol can sometimes lead to poor judgment or unprofessional behaviour. Know your limits, look out for others, and step away if a situation feels uncomfortable. You have every right to remove yourself from any environment that feels unsafe.”

“If you experience or witness bullying, report it through the appropriate channels. Most organisations have confidential reporting processes where your concerns will be taken seriously and handled appropriately. You do not have to face it alone. Reach out for support from HR, your manager, or an employee assistance programme if available.”