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For many businesses, a bullying and harassment policy is something that's downloaded, filed away in the employee handbook and hopefully never needed.
The reality? That's no longer enough.
Since October 2024, under the Worker Protection changes to the Equality Act 2010, UK employers have been under a proactive legal duty to take reasonable steps to prevent sexual harassment at work, with the risk of Equality and Human Rights Commission (EHRC) enforcement action and tribunal compensation uplifts of up to 25% where the duty has not been met.
From 30 October 2026, that duty increases to taking all reasonable steps to prevent sexual harassment and employers face greater liability for harassment by third parties such as customers, clients and contractors.
This means that employers have a far greater responsibility than simply having a policy sitting on a shared drive. Creating a workplace where people feel safe, respected and able to speak up is both a legal expectation and a fundamental part of good leadership.
Whether you employ five people or five hundred, here's why your bullying and harassment policy deserves a fresh look.
Skip to:
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Why businesses should review their anti bullying and harassment policy now
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Final thoughts and a free bullying and harassment policy template
What is workplace bullying and harassment policy?
A bullying and harassment policy sets out the standards of behaviour your organisation expects, explains what unacceptable behaviour looks like and tells employees exactly what to do if something goes wrong.
Done well, it should:
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Clearly define bullying, harassment and sexual harassment.
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Explain everyone's responsibilities from employees through to senior leaders.
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Outline how concerns can be raised confidentially.
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Explain how investigations will be handled.
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Confirm the consequences of unacceptable behaviour.
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Demonstrate your commitment to creating a respectful workplace, sometimes reflected as a zero tolerance approach.
Most importantly, it should give people confidence that concerns will be taken seriously.
Why businesses should review their anti bullying and harassment policy now
The workplace has changed dramatically over the last few years.
Hybrid working, digital communication, social media, remote teams and evolving employment legislation all mean that workplace behaviour isn't confined to the office anymore and can arise across the wider working environment.
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Work-related WhatsApp groups.
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Teams messages.
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Virtual meetings.
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Client dinners.
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Work socials.
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Business travel.
Your policy needs to reflect where work actually happens, not just what happens between 9 and 5 in the office, and it needs to take into account the risks of cyber bullying.
There's also a stronger legal expectation on employers to prevent problems before they escalate. Since October 2024, sexual harassment has required a proactive approach, not simply a reactive one after a complaint is made. And from October 2026, employers need to be taking all reasonable steps to prevent sexual harassment in the workplace. This means policies, training, leadership behaviours and reporting processes all need to be updated and to work together.
Bullying vs harassment: what's the difference?
The two terms are often used together, but they aren't always the same.
Bullying can take many forms but is typically repeated behaviour that intimidates, undermines or humiliates someone. While there isn't a specific legal definition of workplace bullying in UK employment law, employers still have a duty to protect employees from it.
Examples might include:
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Constant criticism or humiliation
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Excluding someone from meetings or conversations
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Spreading malicious rumours
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Deliberately withholding information
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Setting unrealistic deadlines designed for someone to fail
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Insulting behaviour
Harassment is unwanted behaviour related to a protected characteristic, such as age, disability, race, religion, sex or sexual orientation that violates someone's dignity or creates an intimidating, hostile or offensive environment.
Understanding the distinction is important, but from an employee's perspective the negative impact is often the same: people stop enjoying work, performance drops and trust disappears.
Sexual harassment needs its own focus
Sexual harassment is unwanted conduct of a sexual nature. It can include unwelcome sexual advances, sexual comments, jokes, messages or physical conduct.
As part of your harassment policy, you want to make sure you're addressing sexual harassment and what employees should do if they believe they have been sexually harassed.
From October 2026, your policy needs to communicate how your organisation is taking all reasonable steps to prevent sexual harassment before it happens. It's not enough to say that the business will investigate complaints when they arise.
Employers are expected to think ahead, identify risks, communicate expectations clearly and put preventative measures in place.
A strong policy should spell out:
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what sexual harassment is,
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that it can happen regardless of gender, sexual orientation, job role or seniority,
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that the individual's intention is not relevant, only the impact on the recipient,
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how employees report concerns,
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how managers should respond,
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what actions will be taken to address concerns.
Don't forget third party harassment
From October 2026, employers are required to take all reasonable steps to prevent harassment by third parties, such as customers, clients, contractors, suppliers, visitors or members of the public.
This means that businesses need to take a proactive approach to preventing harassment of their workers, not just from their colleagues, but anybody they might interact with while working. One way to evidence this proactive approach is to include third party harassment in your bullying and harassment policy. It should outline your commitment to protecting your workers, what you'll do to prevent harassment and how you'll handle incidents.
If your people regularly deal with the public, external partners or other site users, this section should not be optional.
A policy alone won't change culture
One of the biggest misconceptions we see is businesses believing that having a policy means they're protected. They're not. Policies don't prevent inappropriate behaviour. People do.
That's why the best organisations focus on creating a culture where respectful behaviour is expected, demonstrated by leaders and challenged when standards slip.
Ask yourself:
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Would employees feel comfortable reporting a concern?
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Do managers know how to respond appropriately?
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Have staff received training recently?
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Would everyone understand what inappropriate behaviour looks like?
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Do leaders role-model the standards they expect?
If the answer to any of these is "I'm not sure", there's work to do.
Managers are your first line of defence
Most concerns don't begin as formal grievances.
They often start as awkward conversations, uncomfortable moments or someone quietly mentioning that something "doesn't feel right."
Line managers and senior managers need the confidence to recognise these situations early and deal with them appropriately.
That means understanding:
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How to listen without judgement
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When to escalate concerns
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How to keep information confidential
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How to support everyone involved
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How to avoid making situations worse unintentionally
Investing in manager training is one of the most effective ways to reduce workplace issues before they escalate.
For employers looking for practical support, Omny Group has created a free Employment Law Essentials for Line Managers course in partnership with Breathe. Filmed by Thomas Fuller, Senior Associate at Omny Group, the bite-sized training is available on the Breathe Growth Academy.
What should a modern bullying and harassment policy include?
A policy written five years ago is unlikely to reflect today's workplace. As a minimum, consider including:
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A clear statement of zero tolerance.
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Definitions of bullying, harassment and sexual harassment.
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Practical examples of unacceptable behaviour.
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Expectations for hybrid and remote working.
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Guidance around work socials and business travel.
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Responsibilities for employees and managers.
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Reporting options, including informal and formal routes.
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Investigation process and timescales.
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Protection against victimisation.
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Links to wellbeing support.
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Training commitments.
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Regular policy review dates.
The clearer your policy is, the easier it becomes for everyone to understand what's expected.
Prevention is always better than investigation
The healthiest workplace cultures aren't those without complaints. They're the ones where people feel confident raising concerns early because they know they'll be treated fairly.
A strong policy should therefore be part of a much wider approach that includes:
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Regular employee training
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Manager development
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Clear leadership behaviours
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Open communication
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Wellbeing support
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Regular policy reviews
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Speaking-up channels employees trust
When these pieces work together, businesses don't just reduce legal risk—they create workplaces where people genuinely enjoy coming to work.
Final thoughts
A bullying and harassment policy shouldn't exist simply because it's considered good HR practice.
It should reflect the kind of organisation you want to build and demonstrate how your organisation is taking all reasonable steps to prevent harassment between both colleagues and third parties, as is legally required.
People perform at their best when they feel psychologically safe, respected and valued. Your policy is simply the written commitment to making that happen but it's the actions behind it that employees will remember.
If your policy hasn't been reviewed recently, now is the perfect opportunity to make sure it reflects the October 2026 law changes, today's workplace and the culture you want for tomorrow.
To help you get started, Breathe and Omny Group have created a free bullying and harassment policy template that you can download here.
But, if you need expert support on reviewing policies, handling concerns or strengthening your approach to harassment, you can also visit Omny Group's website for specialist HR and legal advice.
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Employment Law
