Kara Sears
While there is no legal definition of bullying in the UK, some types of bullying are illegal and should be reported to the police. This includes bullying that involves violence or assault, theft, repeated harassment or intimidation, and anything involving hate crimes. Schools in England and Wales, and most schools in Scotland, are required by law to have a behaviour policy in place to prevent all forms of bullying among students. Employers are responsible for preventing bullying and harassment in the workplace, and employees who are being harassed can take legal action at an employment tribunal.
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Bullying in schools
While there is no legal definition of bullying in the UK, some types of bullying are illegal and should be reported to the police. This includes bullying that involves violence or assault, theft, and harassment and intimidation over a period of time, such as name-calling, threatening, or sending abusive messages. Cyberbullying activities may also be criminal offences under laws such as the Malicious Communications Act 1988 and the Protection from Harassment Act 1997.
In the context of schools, the Department for Education (DfE) has produced guidance for all schools, including academies and free schools, outlining their duties towards preventing and tackling bullying. This guidance is available for schools in England on the GOV.UK website. Additionally, the Education Act 2002 Section 175 places a legal duty on maintained schools and Local Authorities in England to safeguard and promote the welfare of children. Bullying incidents may also be addressed as child protection issues under the Children Act 1989 if there is reasonable cause to suspect that a child is suffering harm.
All state schools in England and Wales, and most schools in Scotland, are legally required to have a behaviour policy in place that includes measures to prevent all forms of bullying among pupils. This policy is decided by the school and must be communicated to all teachers, pupils, and parents. Schools must also comply with anti-discrimination laws and take action to prevent discrimination, harassment, and victimisation within the school environment.
While there may not be specific legislation to protect individuals from bullying in the workplace, employees who are being bullied or harassed can seek legal protection and redress through employment-related laws or general law. Employers are responsible for preventing bullying and harassment and can be held liable for any harassment suffered by their employees. Employees should first try to resolve the issue informally and, if unsuccessful, they can make a formal complaint using their employer's grievance procedure. If the issue remains unresolved, legal action can be taken through an employment tribunal.
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Bullying in the workplace
While there is no UK legislation specifically targeting bullying in the workplace, employees do have legal protection against harassment, which is a criminal offence. The Protection from Harassment Act 1997 allows employees to take legal action and win damages if they are being harassed at work. Employers are responsible for preventing bullying and are liable for any harassment suffered by their employees.
Employees who believe they are being bullied at work should first try to resolve the issue informally. If this does not work, they should follow their employer's grievance procedure to make a formal complaint. If the issue is still not resolved, they can take legal action at an employment tribunal. Employees can also call the Acas (Advisory, Conciliation and Arbitration Service) helpline for advice.
Anti-bullying and harassment policies can help prevent problems in the workplace. Acas has produced guidance for employers on preventing and handling bullying and harassment. There are four major areas of discrimination that are protected by UK law: age, race, sex, and disability. These discrimination laws are considered 'a protective characteristic', which means employees do not need to have two full years of service to take formal action through an employment tribunal.
The Equality Act 2010 superseded and consolidated previous discrimination laws in the UK. It is important to note that employees who enter into a settlement agreement with their employer must receive independent advice from a solicitor, trade union official, or qualified advice worker.
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Cyberbullying
While there is no legal definition of bullying or online bullying within UK law, some types of bullying are illegal and should be reported to the police. This includes bullying that involves violence or assault, theft, and harassment or intimidation over a period of time, such as name-calling, threatening, or sending abusive messages.
The UK government has also provided guidance for schools on preventing and tackling bullying. The Education Act 2002, for example, places a legal duty on maintained schools and local authorities in England to safeguard and promote the welfare of children. Schools in England and Wales, and most schools in Scotland, must also follow anti-discrimination laws, which include preventing discrimination, harassment, and victimisation within the school.
It is important to note that while these laws exist, a single incident is typically not enough to result in a conviction. If you or someone else is in immediate danger, it is advised to call 999.
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Hate crimes
While there is no legal definition of bullying in the UK, some types of bullying are illegal and should be reported to the police. This includes bullying that involves violence or assault, theft, and repeated harassment or intimidation, such as name-calling, threats, and abusive phone calls, emails, or text messages.
The UK has taken several steps to address hate crimes. The Online Safety Act 2023 made hate crime a priority offence, requiring technology companies to remove illegal content that incites hate and to design their services to prevent criminal activity. The UK Government has also provided funding to protect faith communities, such as the Jewish Community Protective Security Grant and the Protective Security for Mosques Scheme.
In addition, the UK's College of Policing has developed guidelines for police to respond to hate crimes, and the Crown Prosecution Service (CPS) has issued relevant guidance for prosecutors. The CPS also convenes an external consultation group on hate crime, including community organizations and victim advocacy groups, to improve policies and practices.
To prevent hate crimes, education is key. Organisations like Stop Hate UK provide training and education to help young people understand the repercussions of committing a hate crime and the impact it can have on victims. If you have been affected by a hate crime, you can contact the Stop Hate Line for support and information on reporting procedures.
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Discrimination
While there is no legal definition of bullying in the UK, certain forms of bullying are considered illegal and should be reported to the police. These include bullying that involves violence, assault, theft, and repeated harassment or intimidation, such as name-calling, threats, and abusive communication via phone calls, emails, or text messages. Cyberbullying activities may also fall under criminal offences through laws such as the Malicious Communications Act 1988 and the Protection from Harassment Act 1997.
In the context of discrimination, bullying behaviour can constitute harassment if it relates to any protected characteristics outlined in UK law. These characteristics typically include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Harassment is defined as unwanted behaviour that violates an individual's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment for them.
The Equality Act 2010 provides a comprehensive framework for understanding and addressing discrimination and harassment in various contexts, including the workplace. Employees who believe they have been harassed at work are encouraged to raise the issue with their employer, either informally or formally. Employers are legally obligated to take any complaint of harassment seriously and investigate it promptly and impartially.
It is important to note that witnessing harassment related to protected characteristics can also be considered a form of discrimination. This means that even if the harassment is not directed at an individual, they can still be negatively impacted by witnessing such behaviour and have grounds for a complaint. Seeking legal advice is recommended to understand specific circumstances and rights under the law.
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Frequently asked questions
Bullying itself is not against the law in the UK, but harassment is. This includes repeated intimidation, name-calling, threats, and abusive phone calls, emails or text messages.
If you are being bullied, you should first try to sort out the problem informally. If that doesn't work, you can make a formal complaint using your employer's grievance procedure. If the issue still persists, you can take legal action at an employment tribunal.
Bullying that involves violence or assault is illegal and should be reported to the police.
There is no legal definition of online bullying within UK law. However, there are existing laws that can be applied to cases of online bullying and harassment, such as the Malicious Communications Act 1988 and the Protection from Harassment Act 1997.
All state schools in the UK are required by law to have a behaviour policy in place to prevent all forms of bullying among pupils. This policy is decided by the school and must follow anti-discrimination laws.
