There is no standalone bullying claim, but that does not mean no remedy. The routes are a formal grievance the employer must handle, a harassment claim where the conduct links to a protected characteristic, health and safety duties around stress, and in serious cases constructive dismissal or the criminal law on harassment. The common thread: the written record decides everything.
Employers owe a duty of care and must provide a safe system of work, which includes psychological safety. A grievance obliges the employer to investigate, and its handling is itself evidence: a fair employer fixes the problem, a careless one builds your case.
Where the bullying relates to a protected characteristic such as sex, race or disability, it becomes harassment under the Equality Act: a tribunal claim with no service requirement, uncapped compensation and a three-month clock. Much of what people call bullying is legally harassment once the pattern is examined.
Where it is severe and sustained, a course of oppressive conduct can breach the Protection from Harassment Act, and resignation in response to a fundamental breach of trust and confidence can found constructive dismissal after two years' service. Both are serious steps taken with advice, in that order: evidence first, decisions second.
Guide edition: August 2026. General information for England and Wales. Current law and your particular facts require assessment before action.
A dated diary of incidents, copies of messages, names of witnesses, and the effect on your health. Contemporaneous records are the currency of these cases.
Specific incidents, dates, the impact and the outcome you want. Vague complaints get vague responses; specific ones must be investigated.
A failed grievance opens the next doors: appeal, ACAS, an Equality Act claim if a characteristic is engaged, or occupational health involvement.
If the situation is unfixable, the endgame is usually a negotiated settlement with a reference rather than a raw resignation. Never resign before advice.
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Speak to Kestrel nowEquality Act harassment claims: three months less one day via ACAS. Constructive dismissal requires acting promptly after the final breach. Grievances have no statutory deadline, but memory and evidence fade fast.
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A universally awful manager may not discriminate, but the employer still owes you a safe system of work, and a grievance still obliges them to act. If the conduct lands harder on a protected group, the Equality Act wakes up.
That failure is itself evidence, and it strengthens both an appeal and any later claim of constructive dismissal. Put the non-response in writing and keep the timeline.
Covert recordings of meetings you attend are sometimes admitted by tribunals, though recording private deliberations is viewed badly. Take advice before relying on one; a written note made straight afterwards is safer currency.
Not before advice. Resigning too early or too late can undermine constructive dismissal, and a negotiated exit with a settlement agreement almost always beats an angry resignation.
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