Appendix B: Definitions of bullying and harassment

Bullying and harassment are defined by ACAS as the following:

• Bullying is offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.
• Harassment is unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.

Examples of harassing or bullying behaviour could include:

• spreading malicious rumours, or insulting someone (particularly on the grounds of age, race, sex, disability, gender identity, sexual orientation and religion or belief)
• copying information which is critical about someone to others who do not need to know
• racist jokes and ridiculing relating to cultural differences
• ridiculing or demeaning someone – picking on them or setting them up to fail
• abuse or harassment relating to an individuals disability, sexual orientation (e.g. homophobia/biphobia) or relating to gender reassignment/identity (e.g. transphobia), which under recent legislation changes are now considered hate crimes.
• email, text or online abuse
• exclusion or victimisation
• inciting others to harass
• overbearing supervision or other misuse of power or position
• unwelcome sexual advances – touching, standing too close, display of offensive materials, asking for sexual favours
• making threats or comments about job security without foundation
• deliberately undermining a competent employee/student by overloading and constant criticism
• preventing individuals progressing by intentionally blocking promotion/progression or training opportunities
• violence
• shouting and sarcasm
• constant destructive criticism
• ignoring, patronising and ostracising
• setting a person up for failure with impossible workloads and deadlines.

Bullying or harassment do not need to take place face to face, but can happen within written correspondence, on the telephone and through visual images.

Types of discrimination

Since the implementation of the Equality Act 2010, the types of discrimination have been extended from direct, indirect, harassment and victimisation to also include associative and perceived discrimination. Definitions are supplied below:

• Associative discrimination – This is direct discrimination and happens where someone is treated less favourably because they associate with another person who possesses a protected characteristic.
• Perceived discrimination – This is direct discrimination and happens where someone is treated less favourably because they are perceived to have a particular protected characteristic. So it still applies even if that person does not have the protected characteristic.