Workplace bullying — what you can claim at tribunal

There is no standalone "bullying" claim in UK law — but workplace bullying can be the basis for constructive dismissal, harassment, and discrimination claims. Here is how to turn what happened to you into a legal case.

Can I take my employer to tribunal for bullying?

There is no standalone claim for "bullying" at the employment tribunal. However, workplace bullying can support several legal claims: constructive dismissal (if the bullying forced you to resign), harassment under the Equality Act 2010 (if the bullying was related to a protected characteristic like race, sex, or disability), or whistleblowing detriment (if you were bullied after making a protected disclosure). The key is identifying the legal basis that fits your circumstances.

What is the legal difference between bullying and harassment?

In UK law, "bullying" has no specific legal definition — but "harassment" does. Under the Equality Act 2010, harassment is unwanted conduct related to a protected characteristic (race, sex, age, disability, religion, sexual orientation, gender reassignment, pregnancy/maternity) that has the purpose or effect of violating a person's dignity or creating a hostile environment. If the bullying you experienced was connected to one of these characteristics, it may amount to unlawful harassment.

What if the bullying was not related to a protected characteristic?

If the bullying was not related to a protected characteristic, you cannot bring a harassment claim under the Equality Act. However, sustained workplace bullying can still support a constructive dismissal claim — if it was so severe that it destroyed the implied duty of trust and confidence in your employment contract, and you resigned because of it. You can also bring a claim for breach of the duty of care in the civil courts if the bullying caused a psychiatric injury.

What evidence do I need for a bullying-related tribunal claim?

Keep a detailed written log of every incident: dates, times, locations, exactly what was said or done, and any witnesses. Gather documentary evidence — emails, messages, written warnings, performance reviews. Keep records of any grievances you raised and the employer's response. Medical evidence (GP notes, fit notes) is valuable if the bullying caused stress or a psychiatric condition. Forward evidence to a personal email account before your employer cuts your access.

Should I raise a grievance before bringing a tribunal claim?

Yes — in most cases you should raise a grievance first, both because it may resolve the situation and because failing to do so can reduce your tribunal award by up to 25% under the ACAS Code of Practice. However, if you resigned because of the bullying (constructive dismissal), or if raising a grievance was genuinely futile or unsafe, the reduction may not apply. Keep a copy of any grievance letter you submit.

Can a colleague bully me — or just a manager?

Workplace bullying (and harassment) can come from managers, colleagues, or even clients — and employers can be legally responsible for all of it. Employers are vicariously liable for harassment carried out by their employees unless they took all reasonable steps to prevent it. If your employer failed to take your complaint seriously or failed to act on it, this strengthens your claim.

What compensation can I get for workplace bullying or harassment?

For harassment under the Equality Act, compensation includes financial losses (such as lost earnings after resignation) and injury to feelings — using the Vento bands (£1,100–£44,000 depending on severity, as of 2024). There is no cap on discrimination compensation. For constructive dismissal, you receive a Basic Award and Compensatory Award (capped at £115,115 or 52 weeks' pay). If discrimination is involved, both types of award can be made.

Workplace bullying — what you can claim at tribunal

Last updated: April 2026

The three legal routes for workplace bullying

Harassment (Equality Act 2010)

If the bullying was connected to a protected characteristic — race, sex, age, disability, religion, sexual orientation, gender reassignment, pregnancy or maternity — it is likely to be unlawful harassment under the Equality Act. You can bring a claim without resigning, and there is no cap on compensation. You do not need 2 years' service.

Constructive dismissal

If the bullying was so severe that your employer fundamentally breached the implied duty of trust and confidence, and you resigned because of it, you have a constructive dismissal claim. You need 2 years' service (dropping to 6 months from April 2027). Compensation is capped, but you can also add a discrimination element if a protected characteristic was involved.

Whistleblowing detriment

If you were bullied or victimised after making a protected disclosure (reporting wrongdoing, unsafe practices, or a legal breach) you have a whistleblowing detriment claim. No qualifying period applies, and compensation is unlimited. The detriment must be causally linked to the disclosure.

What conduct can support a claim?

Tribunals look at the conduct objectively — not just how it made you feel. For constructive dismissal, the question is whether the conduct was a fundamental breach of your contract. For harassment, it must be related to a protected characteristic. Examples that can support a claim:

Evidence to start gathering now

You must contact ACAS within

of the last act of bullying or your dismissal. For ongoing harassment, the clock runs from the last act in the series. Waiting too long means your claim is time-barred.

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Frequently asked questions

Constructive dismissal explained

What constructive dismissal is, how to prove it, and how to claim.

Discrimination at tribunal

Your Equality Act rights and how discrimination claims work at tribunal.

Stress at work claims

When workplace stress can support a tribunal claim — and how to prove it.

Whistleblowing claims

Protected disclosures and detriment claims under the whistleblowing legislation.

Injury to feelings compensation

How injury to feelings is assessed and the Vento bands for 2024.

Sexual harassment at tribunal

Your rights under the Worker Protection Act 2023 and Equality Act 2010.