HOW TIME FLIES! It seems as though it were only yesterday I was writing from the beautiful Greek island of Kos. This time I am writing from another beautiful Greek island, Crete 🇬🇷 It is hard to imagine why residents of any of the Greek islands would want to travel anywhere else, other than to witness how fortunate they truly are. It’s all here! 🏝️
I have had a heavy week leading to flying ✈️ out and I return to an even heavier time, including commencing a five-day trial concerning alleged unfair dismissal and disability discrimination. So, I thought it take me a while to wind down. It did; immediately upon landing at Heraklion Airport. Perfect response 👌🏾
As I write, I am witnessing the most idyllic of views of the Mediterranean Sea with its accompanying breeze. Bliss!
I have already eaten plenty and sipped a little too much, if there could be such a thing out here. Anyway, a cocktail 🍸 is calling me, and I accept the call, which was met with no resistance.
I know this sounds like a cliche, and in many ways it is. But there is no rule – as far as I am aware – that says a cliche cannot also be true!
Work hard and believe in your own goal. That doesn’t mean that goals can’t change. We are not all politicians, so we can change our minds without being chastised in public for doing so. If your original plan didn’t or doesn’t come to fruition then simply set another. Simple!
Personally, I conditioned myself a long time ago not to let others define me and or dictate what I can and cannot do or achieve. I shall rest that there in fear of embarrassing those who sought to project their low expectations of themselves on to others.
Congratulations Arsenal on winning the Premier League 2025-26. I have often said that, if I had a second team, it would be Arsenal. I have supported Liverpool for almost my entire life, since I was about seven. How I came to support the Reds is a story for another time. Growing up in West London and going to school in Fulham, I spent most Saturdays at football matches from the age of 10. Unless Liverpool was playing in town, my friends and I—mostly Liverpool or Chelsea supporters—would take the number 30 bus to Highbury, the 220 bus to Loftus Road or a gentle stroll to Stamford Bridge. Occasionally, we would go to Craven Cottage.
When I became a quantity surveyor and later a barrister, I restricted my matches solely to seeing Liverpool around the country whenever I could. I love the beautiful game, but as I focussed on building a practice, I rarely went to matches unless one of the teams was Liverpool. For me, it was always Liverpool above all others. That changed when Arsène Wenger arrived and transformed Arsenal and, to some extent, English football. By the 2001–02 season, I was living just around the corner from Clissold Park in N16, north London, also known as Stokey Village!
I recently spoke in Bournemouth, which is ironic because the Gunners effectively clinched the title tonight as Manchester City failed to beat The Cherries to keep the race alive to the final day. I told the story of how I became an Employment Law barrister as opposed to one specialising solely in Construction & Engineering law, which is why I left the world of measuring off architects’ and engineers’ drawings; Bill of Quantities; Valuations; Practical Completions; JCT contracts etc.
After that season—featuring Henry, Seaman, Adams, Campbell, Cole, Vieira, Pirès and Bergkamp, to name just a few—the victory parade was set for Sunday, 12 May 2002, just a short walk from where I lived. My friends, along with around a quarter of a million others, were heading to Highbury. However, I was not! After my first major employment case attracted media attention, another big case led me to Norwich Employment Tribunal. So, in the spirit of professionalism, I packed my blue Toyota Celica and drove to Norfolk to begin a two-week trial. I missed a glorious day in the Highbury sunshine, but this case helped establish me as a specialist in an area of law in which I still practise today.
So, with my own team falling short in this year’s title race, I am happy gracefully to hand the trophy over for a season while we adjust to life without Mo and Andy. We’ll be back, but for now, the hour belongs, rightly, to the Gunners! Congratulations! 🏆
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.
Today, I take two extracts from two speeches (Wit and Serious) delivered 15 years apart by President Obama (2011) and King Charles (2026). See the video below.
On 25 May 2011, President Obama addressed both houses of the UK Parliament, during his three-day State visit. He delivered the speech in Westminster Hall. On 28 April 2026, King Charles addressed a joint session of the U.S. Congress and later gave a toast during a State Dinner at the White House. Part of the King’s speech was made in reference to what President Trump said on 21 January 2026 whilst addressing the World Economic Forum (WEF) in Davos, Switzerland.
King Charles made reference to the Magna Carta originally issued by King John of England in June 1215 that established the government is not absolute and must operate within a legal framework.
I end the video with President Obama’s speech that:
“It is possible for people to be united by their ideals, instead of divided by their differences; that it’s possible for hearts to change and old hatreds to pass.”
In our latest video, Dawn H. Jones, HR specialist and author, and I discuss how Employment Tribunals (ET) respond when employers fail to follow their own policies and procedures during disciplinary or grievance processes.
Tribunals expect employers-especially those with dedicated HR resources to act reasonably. Failing to follow established procedures often leads to harsh criticism from tribunals, as it suggests unfair or arbitrary decision-making (0:47-1:20).
The investigation is the foundation of any disciplinary process. It must be thorough and reasonable. Disciplinary officers should not feel their hands are tied by an investigator’s report; they have the power to challenge findings, request further evidence, or interview additional witnesses before reaching a decision (6:43-8:18).
Even if an action qualifies as gross misconduct, it is not an automatic dismissal. Employers must consider mitigation and ensure the decision-maker can justify their reasoning clearly (9:12-10:18).
Employees often feel traumatised during these processes. Employers should be specific when asking employees for their input, and it is helpful to offer adjournments to allow staff to decompress. Conversely, employees should ensure that any additional reflections or information are submitted in writing (e.g., via email) to ensure they become part of the formal record (10:31-12:45).
Ultimately, when a case reaches a tribunal, the decision-maker is responsible for justifying their actions. If they cannot explain how they reached their conclusion, the organisation is at significant risk (4:23-6:27).
Discrimination Law in Employment in 7 days I touch on the importance of the separation of powers.
Montesquieu’s theory of the separation of powers, primarily detailed in his 1748 masterpiece, The Spirit of the Laws, remains one of the most influential political doctrines in history. He argued that to prevent tyranny and preserve liberty, the functions of government must be divided among different branches.
Montesquieu identified three types of power that exist in every state: Executive Power; Legislative Power; and Judicial Power. His core concern was the preservation of political liberty. He famously stated:
“When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.”
This week it was famously said to resounding applause:
“Executive Power is subject to checks and balances!”
Just received an email from someone who watched a video I published over 2 years ago about bullying in the workplace, during which I referred to either soccer/football teams Arsenal or Manchester City winning the English Premier League – it was a two-horse race! A no brainer! I sought to draw from an example of how Liverpool fans warmly embraced Mo Salah after he missed a penalty at the Kop End at Anfield. The point I was making is kicking (excuse the pun!) a worker when they may be down, is not a good practice!
At the time, I believed Arsenal would win the League if they avoided defeat against us, Liverpool, at Anfield, a game I attended. It ended in a draw. Later, it became clear to me that City was going to win it, which they did. Regarding this season (2025/26), have we seen this movie before or will it have a different ending???
Anyway, on a more serious note, workplace bullying is extremely harmful. It erodes mental health, fuels burnout, and destroys morale. Beyond the personal toll on victims—anxiety and diminished self-worth—it fosters a toxic culture and stifles innovation. A healthy professional environment requires respect, not intimidation, to truly thrive and succeed, which, to return to my analogy, Mo Salah has done in abundance on numerous occasions at and for Liverpool. YNWA!
We have all seen it: a beautiful Employee or Staff Handbook (the one that is referred to in the contract of employment, which staff confirm that they read and understood!) that sits untouched while the actual office culture plays by its own set of rules. While policies are often written with the best intentions—to keep us safe and treated fairly—they don’t mean much if they aren’t lived out in our daily routines.
When a gap grows between what an organisation says it does and what it actually does, it can feel a bit discouraging for staff and workers. It’s not just about ‘following rules,’ it’s about building a workplace where everyone feels they can rely on a consistent experience.
At the end of the day, the heart of a great organisation isn’t found in a PDF—it’s found in the integrity of practising what the organisation reasonable says it does, will do and or does not tolerate etc – discrimination, harassment, bullying, victimisation… In other words, it does what it says it does in the ‘beautiful employee or staff handbook.’
Ryan Clement 