by
Ryan Clement, barrister
In this blog, I build on my video “bullying in the workplace explained” to explore the legal nuances of workplace bullying and the psychological impact of management styles.
Understanding Workplace Bullying
Workplace dynamics can be complex, and the line between “office banter” and “bullying” is often a subject of intense debate. In this piece, I break down the legal framework surrounding bullying in the UK and use a sports analogy to highlight why encouragement always beats intimidation.
Bullying v Harassment
One of the most critical takeaways from the video is that, contrary to some belief, “bullying and harassment are not the same thing in the eyes of the law.” Harassment generally falls under the Equality Act 2010, meaning it is linked to protected characteristics like race, gender, or age. Interestingly, on the other and, bullying has ‘no standalone legal action.’ You cannot go to an employment tribunal simply claiming, “I am being bullied.” Instead, an employee often has to resign and claim ‘constructive dismissal’ under the Employment Rights Act 1996. This is a high bar, as it usually requires the employee to have worked at or for the employer for at least two years.
The Subjective Nature of Bullying
A common defence used by bullies is that the “threshold for bullying is too low.” However, I would argue that this is poor business logic. Whether an action constitutes bullying often depends on the person receiving or at the end of it; the recipient, the victim. What one person considers “banter,” another may find deeply distressing. We should tailor our communication styles to the individual. Just because ‘you’ would not feel bullied by a specific comment does not mean the other person’s feelings are invalid.
Intimidation v Encouragement
To illustrate the psychological side of performance, I share a story from a Liverpool v Arsenal match I attended at Anfield in 2023. After the Liverpool favourite, Mo Salah, missed a crucial penalty, the fans did not boo him. Instead, they cheered his name louder than ever! The result? Mo went on to break records in the following games.
Lesson for the workplace
The lesson for the workplace is clear. Even high-performing individuals need encouragement to do their best work. Belittling someone or telling them they are “useless” rarely results in a positive performance boost. In fact, it often leads to the very toxic environment that destroys productivity.
Final Thoughts. Workplace bullying is not just a legal HR issue; it is a leadership failure. While the law might be specific about what constitutes a claim, the human element is simple: treat people according to their needs and character. As I have emphasised throughout, putting people down is a “school grade” tactic that has no place in a working environment.
Copyright © Ryan Clement 2026
Ryan Clement 