People often use "bullying" and "harassment" as if they mean the same thing. In everyday life they overlap a lot, but in UK law they're different, and that difference affects what protection you have and what you can do.
Not sure which applies to you?
You don't need to work it out alone. Call us free on 08081 311 333 or chat online.
General information, not legal advice.
The short answer
- Bullying is repeated, offensive, intimidating, malicious or insulting behaviour that undermines or humiliates someone. It has no specific legal definition.
- Harassment has a legal definition, most importantly under the Equality Act 2010, where it's unwanted conduct related to a protected characteristic (or sexual in nature) that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
All unlawful harassment is unpleasant, and much of it will also feel like bullying. But not all bullying is legally harassment.
Side by side
|
Bullying |
Harassment (Equality Act) |
|
|
Legal definition |
No |
Yes |
|
Linked to protected characteristic? |
Not necessarily |
Yes (or of a sexual nature) |
|
One-off possible? |
Usually repeated |
Can be a single incident, if serious enough |
|
Example |
Constant belittling by a manager |
Racist "jokes" about a colleague's background |
|
Where to get legal protection |
Employer's duty of care, grievance route, possibly harassment law or constructive dismissal |
Equality Act 2010 tribunal claim, with no minimum service |
|
Employer's responsibility |
Duty of care; should act on complaints |
Can be legally responsible, and now has a duty to take reasonable steps on sexual harassment |
What counts as harassment under the Equality Act?
Harassment is unwanted conduct that:
- Is related to a protected characteristic: age, disability, gender reassignment, race, religion or belief, sex or sexual orientation; or
- Is of a sexual nature (sexual harassment); or
- Treats you worse because you rejected or submitted to sexual conduct
and that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you.
The effect on you matters, and so does whether it's reasonable for it to have that effect.
Examples
- Repeated comments about an older colleague being "past it"
- A group chat sharing sexist images or jokes
- Mimicking a colleague's accent or mocking their religion
- Unwelcome touching or sexual comments
- Mocking a colleague for a disability or health condition
- Homophobic "banter"
What counts as bullying that isn't harassment?
- A manager constantly criticising one employee, but treating others the same
- Being frozen out by a group for reasons unrelated to any protected characteristic
- Being given impossible workloads to force you out
- Shouting and intimidation that isn't connected to who you are
This is still unacceptable. Your employer has a duty of care and should deal with it. It's just that you don't have a specific tribunal claim for "bullying" alone.
When bullying and harassment overlap
Often it's both. For example, a team of mechanics who pick on a colleague, and whose "banter" focuses on his sexuality, are bullying him and may be unlawfully harassing him. In that case, you have additional protections.
Other laws that may apply
- Protection from Harassment Act 1997. Covers a course of conduct that causes alarm or distress. Doesn't need a protected characteristic.
- Employer's duty of care and trust and confidence.
- Criminal law. Threats, assault, stalking and some online abuse may be criminal.
What about harassment by customers or suppliers?
Employers can have responsibilities where staff are harassed by third parties such as customers. The law on this has been changing under recent reforms (including the Worker Protection Act 2023 and the Employment Rights Act 2025), so check the current position.
Why the difference matters
- Which route to take. Harassment may support a discrimination claim; bullying alone usually won't.
- Time limits. Same general rules, but check.
- Qualifying service. Harassment claims don't need minimum service.
- How you describe it. In a grievance, name the behaviour clearly. If you think it's linked to a protected characteristic, say so.
What to do
- Record what's happening, including any link to who you are.
- Raise it. Informally if safe, or formally.
- Get advice. Acas (0300 123 1100), Citizens Advice, the Equality Advisory and Support Service, your union or a solicitor.
- Look after yourself. Talk to someone, including us.
Frequently asked questions
Can one incident be harassment?
Yes, if serious enough. Bullying usually needs a pattern.
Is bullying a type of harassment?
In everyday language, sometimes. In law, they're separate, though they often overlap.
What if I'm not sure it's linked to my background?
You don't need to be certain. Describe what happened, and an adviser can help you work out the legal position.
Is sexual harassment the same as bullying?
No, sexual harassment is a specific form of harassment under the Equality Act, and employers have specific duties on it.
Back to our main guide: Workplace bullying: signs, your rights and what to do.