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Bullying and harassment:

2.Behaviour types

On this page:

    Introduction

    Bullying, harassment, victimisation and discrimination takes on many shapes and forms, and can have damaging effects on the individual experiencing it.

    That’s why it’s important for you to understand and recognise the types of behaviour that are classed as:

    • bullying
    • harassment
    • victimisation
    • discrimination.

    We have provided definitions and some examples in the section below.

    Bullying

    Bullying is unwanted behaviour from a person or group that is either:

    • offensive, intimidating, malicious or insulting
    • an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.

    The bullying might:

    • be a regular pattern of behaviour or a one-off incident
    • occur face-to-face, on social media, in emails or calls
    • happen at work or in other work-related situations
    • not always be obvious or noticed by others.

    Harassment

    Harassment occurs when bullying or unwanted behaviour is connected to any of the protected characteristics. Harassment because of pregnancy or maternity is treated differently and could be direct discrimination. The law on harassment does not cover marriage and civil partnership.

    For unwanted behaviour to be considered as harassment, it must have either:

    • violated the person’s dignity, whether it was intended or not
    • created an environment for that person that is intimidating, hostile, degrading, humiliating or offensive - whether it was intended or not.

    As with bullying, the person being harassed might feel:

    • disrespected
    • frightened
    • humiliated
    • insulted
    • intimidated
    • threatened
    • undermined.

    Harassment can include:

    • a serious one-off incident
    • repeated behaviour
    • spoken or written words, imagery, graffiti, gestures, mimicry, jokes, pranks, physical behaviour that affects the person.

    Harassment is still against the law even if the victim does not ask for it to stop.

    Law on harassment

    The law on harassment also applies to a person:

    • being harassed because they are thought to have a certain protected characteristic when they do not
    • being harassed because they're linked to someone with a certain protected characteristic
    • who witnesses harassment, if what they've seen has violated their dignity or created a working environment that is:
      • intimidating
      • hostile
      • degrading
      • humiliating
      • offensive.

    Victimisation

    Victimisation is being treated unfairly because you made or supported a complaint in connection with a protected characteristic, or someone thinks you did.

    Example of victimisation

    Your colleague makes a sexual harassment claim against your boss.

    After you give evidence as a witness to support their claim, your boss starts treating you unfairly.

    Discrimination

    Discrimination is when someone is treated unfairly because of a protected characteristic.

    Types of unfair treatment

    According to the law, there are different types of unfair treatment.

    Discrimination is one type of unfair treatment and can, for example, be direct or indirect.

    Other types of unfair treatment include bullying.

    This can happen when there are rules or arrangements that apply to a group of employees or job applicants, but in practice are less fair to a certain protected characteristic.

    The employee or applicant must be able to prove both of the following about the rule or arrangement:

    • it is unfair to them and to others with the same protected characteristic, for example a woman believes she's experiencing sex discrimination against women
    • it is unfair compared with those who do not have the protected characteristic, for example, it's unfair to employees who are women, but not to men.

    Indirect discrimination can be allowed if the employer can prove a business case for the rule or arrangement ('objective justification').

    Find out more on the ACAS website

    Bullying at work

    Examples of bullying at work could include:

    • someone has spread a malicious rumour about you
    • someone keeps putting you down in meetings
    • your boss keeps giving you a heavier workload than everyone else
    • someone has posted humiliating, offensive or threatening comments or photos on social media
    • someone at the same or more junior level as you keeps undermining your authority.

    Upward bullying

    Bullying can also happen from 1 employee, or a group of employees towards:

    • a more senior employee
    • a manager
    • an employer.

    This may be known as 'upward bullying' or 'subordinate bullying'.

    Examples of upward bullying can include:

    • showing continued disrespect
    • refusing to complete tasks
    • spreading rumours
    • doing things to make you seem unskilled or unable to do your job properly.

    Unacceptable behaviour

    Bullying may be conduct that is physical, verbal or non-verbal. It can occur by letter, email or via social media (including messaging, posting or simply contact on social media).

    Examples of unacceptable behaviour include (but are not limited to):

    • physical conduct ranging from unwelcome touching or sexual advances to serious assault
    • the offer or suggestion of rewards, for example, promotion or access to training, for going along with sexual advances
    • making threats for refusing sexual advances, such as suggesting that rejecting the advances will adversely affect the employee's employment, evaluation, pay, advancement, assigned work, or any other aspect of employment or career development
    • sending unwanted messages of a sexual nature ("sexting") or sending or posting inappropriate images of themselves
    • demeaning comments about a person's appearance
    • unwelcome jokes or comments of a sexual or racial nature or about a person's age, disability, sexual orientation or religion or online sharing of such jokes or comments
    • asking unwelcome questions or making comments that may indicate a bias (often referred to as micro-aggressions), such as persistent questions about where a colleague comes from, or commenting that a colleague of a particular ethnicity should be good at maths
    • questions about a person's sex life
    • unwanted nicknames related to a person's age, race or disability
    • the use of obscene gestures or sending or posting inappropriate images of themselves
    • treating a person differently because they are associated or connected with someone with a protected characteristic. for example their child is gay, their spouse is black or their parent is disabled
    • treating a person differently because they are perceived to have a protected characteristic, even if they do not. For example, discriminating against an employee who is incorrectly thought to be Jewish or who is wrongly perceived to be transgender
    • the open display of pictures or objects with sexual or racial overtones, even if not directed at any particular person. For example displaying inappropriate magazines or calendars
    • posting or sharing of images or videos with sexual or racial overtones, on social media accounts, including personal accounts if shared with colleagues
    • spreading malicious rumours or insulting someone
    • picking on someone or setting them up to fail
    • making threats or comments about someone's job security without good reason
    • ridiculing someone
    • isolating or refusing to co-operate with someone at work
    • excluding someone from social activities.

    Unacceptable behaviour by managers

    Managers have the right to manage employees in accordance with operational requirements and council policies and in order to carry out their role it is necessary for managers to:

    • issue instructions to employees
    • set work-related targets and objectives for employees and monitor their achievement
    • set standards of workplace performance and behaviour for their employees and monitor compliance with these
    • address poor performance or unacceptable behaviour on the part of employees, using the capability/disciplinary procedure where appropriate.

    These managerial functions should be carried out in a professional way which does not undermine the dignity of employees.

    Examples of unacceptable behaviour from a manager that may constitute bullying:

    • spreading malicious rumours, or insulting someone by word or behaviour
    • copying correspondence that is critical about someone to others who do not need to know
    • ridiculing, putting-down or demeaning someone - picking on them or setting them up to fail
    • exclusion or victimisation
    • unfair treatment
    • overbearing supervision or other misuse of power or position
    • making threats or comments about an employee’s job security without foundation
    • deliberately undermining a competent worker due to overloading them with work, and constant criticism
    • preventing individuals progressing by intentionally blocking promotion or training opportunities
    • not sharing essential information
    • removing areas of responsibility without reason
    • assigning repeated menial tasks
    • talking only to a third party to isolate an employee
    • turning down a request for leave with no discernible reason
    • refusing to delegate tasks
    • appearing to include an employee in public but ignoring them in private.

    Sexual harassment

    Sexual harassment or harassment because of sex is unwanted behaviour of a sexual nature. To be considered sexual harassment, the unwanted behaviour must have either:

    • violated someone’s dignity, whether it was intended or not
    • created an environment for them that was intimidating, hostile, degrading, humiliating or offensive - whether it was intended or not.

    Sexual harassment categories

    Sexual harassment can fall into the following categories:

    • harassment because of a person’s sex, for example a male manager regularly putting down a female employee due to her sex or vice versa
    • sexual harassment, which is unwanted behaviour of a sexual nature. This can be written, verbal, imagery, physical or sexual assault. For example, a person making sexual comments or trying to touch someone against their will
    • being treated less favourably because the person received or objected to these types of harassment.

    Examples

    Examples of sexual harassment include (but are not limited to):

    • flirting, gesturing or making sexual remarks about someone's body, clothing or appearance
    • asking questions about someone's sex life
    • telling sexually offensive jokes
    • making sexual comments or jokes about someone's sexual identity or gender reassignment
    • displaying or sharing pornographic or sexual images, or other sexual content
    • touching someone against their will - for example, hugging them
    • sexual assault or rape.

    What some people might consider as joking, 'banter' or part of their workplace culture is still sexual harassment if:

    • the behaviour is of a sexual nature
    • it's unwanted
    • it violates someone's dignity or creates an environment that is intimidating, hostile, degrading, humiliating or offensive.

    Sexual harassment is usually directed at an individual, but it's not always the case. Sometimes there can be a culture of sexual harassment in a workplace that's not specifically aimed at 1 person, such as sharing sexual images within a group. Someone could still make a complaint of sexual harassment in this situation.

    Harassment by association

    Discrimination against or harassment of an individual who is associated with another individual who has a protected characteristic.

    Harassment based on perception

    Discrimination against or harassment of an individual based on a perception that they have a particular protected characteristic, even when they do not.

    Disability harassment

    Disability harassment is any purposeful behaviour that leaves a disabled person or group of disabled people feeling threatened or compromised.

    Examples of purposeful behaviour are:

    • derogatory remarks
    • personal questions
    • patronising behaviour
    • staring
    • ostracising
    • mimicking.

    The actions may or may not be deliberate but cause offence to the person concerned and the perpetrator knew, or should have known, that they would cause offence.

    Examples of verbal behaviour that could be considered harassment on the grounds of disability are:

    • making fun of a disability
    • mimicking a speech impairment
    • use of inappropriate terms, such as cripple or spastic
    • inappropriate personal questions or comments about a disability
    • belittling or patronising comments or nicknames.

    Examples of non-verbal behaviour that could be considered harassment on the grounds of disability are:

    • mimicking the effect of a disability
    • disregarding wishes or feelings
    • ostracising or freezing out
    • ignoring
    • staring.

    Examples of physical behaviour that could be considered harassment on the grounds of disability are:

    • moving a wheelchair without the user’s consent
    • practical jokes, such as hiding a disability aid
    • touching a visually impaired person to annoy them.

    Racial harassment

    Examples of verbal behaviour that could be considered harassment on the grounds of race are:

    • calling someone a nickname linked to their skin colour or nationality
    • making remarks or jokes about people from different racial background.

    Examples of non-verbal behaviour that could be considered harassment on the grounds of race are:

    • physical attacks or threats of a racist nature
    • encouraging others to behave in a racist way
    • making stereotypical assumptions about colleagues, service users, or members of the public, based on their race or culture, religion or belief.

    Harassment due to gender (sex)

    Examples of verbal behaviour that could be considered harassment on the grounds of gender (sex) are making:

    • derogatory sexist remarks or jokes.
    • remarks or jokes of a sexual nature.
    • sexual suggestions or persisting with sexual advances after it has been made clear that such approaches are unwelcome.

    Examples of physical behaviour that could be considered harassment on the grounds of gender (sex) are:

    • displaying sexually explicit material on computer screens or in calendars
    • leering in a manner that is overtly sexual
    • physically touching someone in a sexual manner where such conduct is not welcome.

    Sexual orientation or gender reassignment harassment

    Examples of behaviour that could be considered harassment on the grounds of sexual orientation or gender reassignment:

    • actual verbal or physical abuse, including name-calling
    • threatened physical abuse
    • circulating offensive material threats to ‘out’ gays or lesbians
    • threats to reveal confidential information relating to gender reassignment
    • negative remarks about people of a certain sexuality - this could be general or specifically about a friend or relative of the employee.

    Pregnancy, maternity, marriage and civil partnerships are not protected directly under the harassment provisions. However, pregnancy and maternity harassment would amount to harassment related to sex, and harassment related to marriage or civil partnership would amount to harassment related to sexual orientation.

    Religion or belief harassment

    Examples of behaviour that could be considered harassment on the grounds of religion or belief (including lack of belief) are:

    • actual verbal or physical abuse, including name-calling
    • threatened physical abuse
    • negative remarks about people of a certain religion or belief - this could be general or specifically about a friend or relative of the employee.

    The Equality Act 2010 does not allow discrimination on the grounds of sex or sexual orientation to be justified on the grounds that it is contrary to an employee’s religion or belief.

    Age harassment

    Employees can become targets of harassment due to their age. Harassment could take the form of:

    • inappropriate comments, such as suggesting someone is too old ‘over the hill’ or too young ‘wet behind the ears’
    • offensive ageist jokes
    • exclusion from informal groups, such as social events, due to assumptions made that a person is too old or young to enjoy them.

    Direct discrimination

    This is when someone is treated unfairly because of a protected characteristic, such as sex or race. For example, someone is not offered a promotion because they are a woman and the job goes to a less qualified man.

    Indirect discrimination

    Discrimination by association

    One type of direct discrimination is when someone is treated unfairly because of the protected characteristic of either:

    • someone they know
    • someone they're associated with.

    The legal term is 'discrimination by association'. It's also known as 'associative discrimination'.

    Discrimination by perception

    Another type of direct discrimination is 'discrimination by perception'. This is when someone treats a person unfairly because they think they have a certain protected characteristic, whether or not it's true.

    Employee confidential helpline

    0330 380 0658

    Speak to fully qualified counsellors and support specialists at any time, 365 days a year.

    Use code 107574 to access the online resources.

    More about the employee assistance programme

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