Last updated: 29/11/2007

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Harassment or bullying - legislation

There is a range of legislation designed to protect employees from bullying and harassment, and ensure employers have appropriate measures in place to prevent it.

The Protection from Harassment Act 1997 made it a criminal offence for someone to knowingly harass another individual at work.

It also made employers liable for compensation if one of their employees commits unlawful discrimination. This can only be avoided if they demonstrate they did everything possible to prevent it happening - in which case the employee themselves is liable.

It is not possible to make a direct complaint to an employment tribunal about bullying. However, employees may bring complaints under laws covering specific areas of discrimination and harassment.

These include the following:

  • Employment Equality (Age) Regulations
  • Disability Discrimination Act
  • Employment Equality (Sexual Orientation) Regulations
  • Employment Equality (Religion or Belief) Regulations
  • Race Relations Act
  • Sex Discrimination Act

In addition, the 1991 European Commission code 'Protection of Dignity of Men and Women at Work' highlights the need for employers to develop and implement coherent policies to prevent harassment.

To read more about any of these acts, visit the Commission for Equality and Human Rights website at www.equalityhumanrights.com.