Being Bullied at Work or by Your Manager in Scotland? Here's What You Can Do

If you are being bullied at work, you may already know that something is wrong without being able to name exactly what it is. A manager who consistently undermines you. Colleagues who exclude you from conversations or meetings. Behaviour that makes you dread going in. A pattern of treatment that leaves you anxious, exhausted, or doubting yourself.

Research by the Chartered Institute of Personnel and Development found that more than one in ten workers experience workplace bullying. Despite how common it is, many employees in Scotland do not know what their rights are, what their employer is legally required to do, or what practical steps they can take.

This article is for employees in Scotland who are experiencing that kind of treatment — and who are trying to understand what it means, what their employer should be doing about it, and what practical steps they can take right now.

It explains what workplace bullying is, how it differs from harassment, what legal protections apply, and how to protect yourself effectively from the earliest stage of the problem.

What is workplace bullying?

There is no specific legal definition of bullying in UK law. However, ACAS describes workplace bullying as unwanted behaviour from a person or group that is either offensive, intimidating, malicious or insulting behaviour, or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.

Bullying does not have to be loud or obvious. It is not always shouting or direct confrontation. Some of the most damaging forms of workplace bullying are subtle and persistent — and difficult for others to see from the outside.

Examples of workplace bullying include:

persistent criticism of your work in front of colleagues
being singled out for negative treatment compared to others
being deliberately excluded from meetings, communications, or decisions
having your contributions ignored or dismissed
being given unmanageable workloads or unreasonable deadlines
having responsibilities removed without explanation
being subject to constant monitoring or micromanagement compared to colleagues
receiving hostile, humiliating, or demeaning comments in person or in writing
being undermined or contradicted in front of others
having complaints or concerns dismissed or minimised
being excluded from group chats, team messages, or digital communications
receiving hostile or undermining messages by email, Teams, Slack, or other platforms

Bullying can happen in person, over email, by phone, on digital platforms, and in online meetings. Remote and hybrid working has made digital bullying increasingly common — unwanted behaviour does not have to take place face to face to cause real harm. It can come from a manager, a colleague, a group of colleagues, or in some cases from a subordinate. It can be a single severe incident, but it is more typically a pattern of behaviour over time.

It is also worth knowing that the person behaving in this way does not need to intend to bully you. ACAS is clear that it can still be bullying even if they do not realise it or do not mean to cause harm.

Being excluded at work — when exclusion is bullying

Being left out of meetings, conversations, team communications, or decisions that affect your role is one of the most common — and most difficult to challenge — forms of workplace bullying.

Exclusion is often subtle. You may notice that colleagues are copied into emails you are not included on, that decisions are made without you being consulted, that you are moved out of projects without explanation, or that informal conversations in the team stop when you enter the room.

Because exclusion is not always visible to others, many employees question whether what they are experiencing is real, or worry they will not be believed if they raise it. This is a pattern of treatment, and patterns are exactly what a contemporaneous record is designed to capture.

If you are being excluded at work in Scotland and believe it forms part of a pattern of unfair or hostile treatment, it can and should be documented and, where appropriate, included in a formal grievance. Being excluded is not a minor inconvenience — it can affect your career development, your mental health, and your sense of belonging at work, and your employer has a responsibility to address it.

What is gaslighting at work?

Gaslighting at work refers to a pattern of behaviour in which someone — typically a person in a position of authority — causes you to question your own memory, perception, or judgment about events that have taken place.

Examples include being told that a conversation did not happen the way you remember it, being told that you are being oversensitive or imagining problems, being given instructions verbally and then denied that those instructions were given, or having your account of events contradicted by the person who caused them.

Gaslighting is particularly harmful because it undermines your confidence in your own record of what happened — which is exactly why keeping a contemporaneous written record from the very beginning is so important. A log of events made at the time, before any dispute arises about what was said or done, is significantly harder to challenge than a recollection made later.

If you believe you are being gaslit at work in Scotland, the practical steps set out in this article — particularly around building a written record and seeking independent support — apply directly to your situation.

What is the difference between bullying and harassment?

This distinction matters for the legal steps available to you, so it is important to understand.

Bullying is not in itself unlawful under a specific piece of legislation. However, as set out below, it can still give rise to legal claims through other routes — including constructive dismissal and breach of your employer's duty of care.

Harassment is unlawful under the Equality Act 2010, and it is defined as unwanted conduct related to a relevant protected characteristic that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

The protected characteristics under the Equality Act 2010 are:

age
disability
gender reassignment
marriage and civil partnership (limited application)
pregnancy and maternity
race
religion or belief
sex
sexual orientation

If the treatment you are experiencing is connected to any of these characteristics — for example, if you believe you are being treated differently because of your race, religion, disability, or sex — this may be harassment under the Equality Act 2010, not simply workplace bullying. The legal protections and routes available to you in those circumstances are stronger, and specialist advice is particularly important.

If you are experiencing behaviour that does not appear to be linked to a protected characteristic, it may still be bullying — and your employer still has responsibilities around it, as explained below.

Your employer's legal duty of care

Even though bullying itself is not specifically unlawful, your employer has a legal duty of care under the Health and Safety at Work Act 1974 to protect your health, safety, and welfare at work. This includes your mental health and psychological wellbeing.

This means your employer is legally required to:

take any bullying complaint seriously
investigate complaints promptly and properly
take reasonable steps to prevent bullying from occurring
protect you from further harm while a complaint is being investigated

Where an employer fails to act on a bullying complaint, or fails to take reasonable steps to address a problem they are aware of, they may be in breach of this duty.

Employers also have a general contractual duty of mutual trust and confidence — an implied term in every employment contract in Scotland and across the UK. Persistent bullying, or an employer's failure to address it, can amount to a fundamental breach of that implied term.

When bullying can lead to a legal claim

There are several legal routes available to employees experiencing workplace bullying in Scotland, depending on the nature and circumstances of the behaviour.

Constructive dismissal

If the bullying is sufficiently serious — or if your employer fails to act on a well-documented complaint — and you feel you have no choice but to resign, this may amount to constructive dismissal. Constructive dismissal arises where the employer's conduct constitutes a fundamental breach of your employment contract, and your resignation is a direct response to that breach.

If dismissal has already occurred, or if you are concerned that your employer may be moving toward dismissing you, our guide to
Unfair Dismissal in Scotland — What You Need to Know
may also be relevant to your situation.

You can read more about the constructive dismissal route in our guide to
Constructive Dismissal in Scotland — When Leaving Your Job May Still Count as Dismissal

Harassment under the Equality Act 2010

If the treatment is connected to a protected characteristic, a claim for harassment may be brought at the Employment Tribunal. These claims do not require a qualifying period of employment — protection applies from day one.

Detriment and whistleblowing

If you have raised a concern at work — for example, a health and safety issue, a financial irregularity, or another matter of public interest — and the bullying appears to be a response to that, this may engage whistleblowing protections under the Employment Rights Act 1996. From 6 April 2026, the Employment Rights Act 2025 also adds sexual harassment that has occurred, is occurring, or is likely to occur to the list of matters that can form a protected disclosure under whistleblowing law.

Personal injury claim

In the most serious cases, where bullying has caused significant psychological harm, a personal injury claim through the civil courts may be possible in addition to any employment tribunal claim. This is a separate legal route and requires specialist legal advice.

Signs the situation may be escalating

Not every difficult relationship at work amounts to bullying. A manager setting high standards, challenging performance, or giving critical feedback through a proper process is not bullying, even if it is uncomfortable.

What distinguishes bullying is the pattern, the intent or effect, and the disproportionate nature of the treatment.

Signs that a situation is escalating and requires formal action include:

the behaviour is repeated or worsening despite informal attempts to address it
the treatment is affecting your health, sleep, confidence, or ability to work
you are being treated materially differently from colleagues in comparable roles
the behaviour continues after you have raised a concern informally
you are being subjected to treatment that feels designed to make you leave
colleagues have witnessed the behaviour or have raised concerns themselves
you have started keeping notes because something does not feel right

If several of these apply, the situation is likely beyond what informal steps alone can resolve.

What to do right now — before anything formal begins

The steps you take before raising a formal complaint can significantly affect the outcome. Starting a record now — before a grievance is submitted or any investigation begins — is one of the most protective things you can do.

Start a contemporaneous record immediately. A contemporaneous record is a written log of events made at or close to the time they happen. It is significantly more credible than a reconstruction written weeks later. For each incident, note:

the date, time, and location
exactly what was said or done, as accurately as you can recall
who was present
how it made you feel and how it affected you
any action you took and any response you received

Gather and keep evidence. Alongside your written notes, keep copies of:

emails, messages, or social media posts that form part of the pattern
correspondence that shows changes to your role or responsibilities
any written complaints or informal requests you have already made
your employer's bullying and harassment policy and grievance procedure
any occupational health records or GP appointments that relate to the impact of the treatment

Keep all of this on a personal device, not on work systems.

Check your employer's bullying and harassment policy. Many employers have a specific dignity at work or anti-bullying policy alongside their grievance procedure. This policy may set out what your employer is committed to doing and what the process is for raising a complaint. Where your employer fails to follow their own policy, that failure can itself be relevant in any subsequent proceedings.

Consider whether to raise a concern informally first. ACAS encourages informal resolution where it is appropriate and safe to do so. In some situations — where the bullying is at an early stage, where there is a reasonable relationship with the person involved, and where you feel able to do so — raising the matter informally may be a sensible first step. However, where the behaviour is serious, persistent, or involves a manager, an informal approach is often inadequate and may make things worse. There is no obligation to attempt informal resolution before raising a formal grievance.

What if you witnessed a colleague being bullied?

If you have witnessed bullying happening to a colleague, you may be wondering whether you have any responsibility to act or whether you can raise a concern on their behalf.

In Scotland, as across the UK, a bystander or witness to workplace bullying can raise a concern with HR or a manager, or support a colleague in raising their own complaint. If you are a trade union representative, you may also be able to raise the matter formally through your union. Your employer's bullying and harassment policy may set out specific guidance on how to report concerns about treatment you have witnessed.

If you are a witness to behaviour that forms part of a colleague's grievance, you may also be asked to provide a written statement. Keeping your own contemporaneous notes of what you observed — at the time you observed it — will make any statement you provide significantly more credible.

When to raise a formal grievance

Before a formal grievance, your employer may suggest mediation — a voluntary process in which an independent third party helps both sides discuss the problem and work toward a resolution. Mediation can be appropriate in some situations, but it is entirely voluntary. You cannot be required to participate, and choosing not to does not prevent you from raising a formal grievance. Where the behaviour is serious, where there is a significant power imbalance, or where you do not feel safe engaging in a joint discussion with the person involved, mediation is unlikely to be appropriate.

A formal grievance is the appropriate step where:

informal attempts to resolve the issue have not worked or are not appropriate
the behaviour is serious, repeated, or escalating
the bullying involves a manager or someone in a position of authority over you
the behaviour may amount to harassment under the Equality Act 2010
you need a formal written record of the complaint and the employer's response
you are concerned about the impact on your continued employment

A formal grievance puts your employer on notice. It triggers a process they are legally required to follow under the ACAS Code of Practice on disciplinary and grievance procedures. And it creates a documented record that can be relevant in any future legal proceedings.

You can read more about when and how to raise a formal grievance in our guide to
When to Raise a Formal Grievance at Work in Scotland

What your employer is required to do with a bullying complaint

Once a formal grievance is raised, your employer is required under the ACAS Code to:

acknowledge the grievance in writing
invite you to a formal grievance meeting
allow you to be accompanied at the grievance meeting by a work colleague or trade union representative
investigate the complaint properly
inform you of the outcome in writing
allow you to appeal the outcome if you are unhappy with it

Where the behaviour complained of involves a specific individual, your employer should also take reasonable steps to ensure you are not subjected to further contact with that person during the investigation, where that is practical.

You can read more about the standards your employer is required to meet in our guide to
The ACAS Code of Practice Explained Simply

What if the bullying is connected to a disciplinary or capability process?

Sometimes bullying coincides with a formal process — a disciplinary investigation, a performance improvement plan, or a capability review. An employee may feel that the formal process itself is being used as a tool of bullying, or that the formal process was triggered in retaliation for raising concerns.

Where this is the case, a grievance can be raised alongside and in parallel with a formal disciplinary or capability process. The two processes can and do run concurrently in Scottish workplaces. Your employer may request that they are dealt with together or sequentially, but they cannot simply refuse to deal with a grievance because a disciplinary process is ongoing.

If you have been placed on a performance improvement plan and believe this is connected to, or is itself an act of, bullying or harassment, our guide to
Put on a Performance Improvement Plan in Scotland? Here's What to Do
may help you identify the right steps.

Time limits — do not wait too long to act

Employment tribunal time limits are strict, and missing them can prevent a claim from being heard regardless of how strong the underlying case is.

For most Employment Tribunal claims in Scotland, including harassment claims under the Equality Act 2010 and constructive dismissal claims, you must begin the ACAS early conciliation process within three months minus one day from the act you are complaining about, or the last act in a series of acts.

This means that if you are experiencing a pattern of bullying behaviour, the clock may be running from the most recent incident. If that incident occurred some months ago and further incidents have not occurred, the time limit could already be approaching.

ACAS early conciliation must be completed before a formal tribunal claim can be submitted. This is a mandatory step, not optional. Importantly, the three-month time limit is paused while ACAS early conciliation is ongoing — so beginning that process promptly protects your position and does not reduce the time you have to prepare.

If you are concerned about time limits, seeking advice promptly is essential.

The impact of workplace bullying on your health

Being bullied at work is not simply an inconvenience. Research consistently shows that workplace bullying causes significant harm to mental health, including anxiety, depression, sleep difficulties, loss of confidence, and in serious cases post-traumatic stress symptoms.

The impact on your health matters both personally and legally. If bullying is causing or contributing to a health condition, your GP should be made aware. Records of medical treatment or support sought at the time can be relevant evidence in any subsequent proceedings, and they also help to establish the seriousness and impact of the behaviour you are experiencing.

You are not being dramatic. You are not overreacting. Workplace bullying is a serious matter, and you are entitled to expect your employer to treat it as one.

Support is available

Many employees across Scotland — in Glasgow, Edinburgh, Aberdeen, Dundee, and across the Central Belt — experience workplace bullying without knowing what their rights are or how to respond effectively. The situation can feel isolating, particularly where the bullying involves a manager or where colleagues are reluctant to speak up.

You do not have to manage this alone. Understanding what is happening, building a clear record, and taking the right steps early can make a significant difference — both to the outcome of any formal complaint, and to your own sense of being in control of the situation.

Employees in Scotland can also access information about workplace rights through Fair Work Scotland, a Scottish Government initiative providing guidance on fair and productive working practices.

How Ark Advocacy can help

Ark Advocacy supports employees across Scotland who are experiencing bullying or hostile treatment at work — from the very earliest stage, before any formal process has begun, through to formal grievance and appeal proceedings.

We can help you:

understand whether what you are experiencing amounts to bullying or harassment and what that means for the options available to you
review your employer's bullying, harassment, and grievance policies for gaps or failures to follow their own procedures
begin building a clear, credible contemporaneous record from day one
assess whether a formal grievance is the right step, and prepare you for what that involves
identify whether the behaviour may engage Equality Act or whistleblowing protections
prepare for a formal grievance hearing and represent you during it
support you through any appeal that follows

If something is happening at work that does not feel right, the earlier you seek independent support, the more options remain available to you.

Get in touch with Ark Advocacy Scotland to find out how we can help.

FAQ

Is workplace bullying illegal in Scotland?

Bullying itself is not specifically unlawful under a single piece of legislation in the UK. However, it can give rise to legal claims through other routes, including constructive dismissal, breach of your employer's duty of care, and — where the behaviour is connected to a protected characteristic such as race, sex, or disability — harassment claims under the Equality Act 2010.

What counts as workplace bullying?

ACAS describes bullying as unwanted behaviour that is offensive, intimidating, malicious or insulting, or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm. It can be a pattern of behaviour over time or, in serious cases, a single incident. It does not have to be intended — it can still be bullying even if the person doing it does not realise it.

What is the difference between bullying and harassment?

Harassment is a specific legal concept under the Equality Act 2010. It is unwanted conduct related to a protected characteristic — such as race, sex, disability, or age — that violates your dignity or creates a hostile environment. Bullying is broader but not covered by specific legislation in the same way. Both are serious, and both can give rise to legal claims, but the routes and protections available differ.

How do I prove bullying at work in Scotland?

There is no single piece of evidence that proves bullying — what matters is a pattern, and a pattern is built through consistent, contemporaneous documentation. Start a written record immediately: note the date, time, location, what was said or done, who was present, and how it affected you. Keep copies of relevant emails, messages, and correspondence. The credibility of your account increases significantly when notes are made at the time rather than reconstructed later. Witnesses who can corroborate specific incidents also strengthen your position considerably.

What should I do if my manager is bullying me?

Start a written record immediately. Check your employer's bullying and harassment policy. Consider whether informal steps are safe and appropriate. If the behaviour is serious, repeated, or continuing, raising a formal grievance is likely to be the right step. Seeking independent advice early gives you the best chance of understanding your options and responding effectively.

What is gaslighting at work and what can I do about it?

Gaslighting at work is when someone — often a manager — causes you to question your own memory or perception of events. This might include being told a conversation did not happen the way you remember, being told you are overreacting, or having your account of events denied. The most effective response is a contemporaneous written record made at the time events occur, which is far harder to dispute than recollections made later. If you believe you are being gaslit at work, seeking independent support early is particularly important.

Can I raise a grievance about bullying while still employed?

Yes. A formal grievance can be raised at any point during your employment. You do not have to wait until the situation becomes unbearable, and you do not have to resign before taking action. Raising a grievance while still employed is generally preferable to waiting, because it creates a formal record and gives your employer the opportunity to address the problem.

What if my employer does nothing after I raise a complaint?

If your employer fails to investigate properly, dismisses your complaint without good reason, or takes no meaningful action, this may itself amount to a breach of their duty of care and of the implied term of mutual trust and confidence. This failure can be part of the basis for a constructive dismissal claim if you subsequently resign. It also strengthens the case that any subsequent tribunal claim should succeed. Keeping a record of the employer's response — or lack of one — is important.

What are the time limits for taking legal action?

In most cases, you must begin the ACAS early conciliation process within three months minus one day from the act you are complaining about, or from the last in a series of acts. This deadline is strict. Importantly, the three-month limit is paused while ACAS early conciliation is ongoing, so beginning that process does not reduce your preparation time. Missing the deadline entirely can prevent a claim from being heard, so if you are concerned about time limits, seek advice as early as possible.

Can bullying lead to a constructive dismissal claim?

Yes, where the bullying is sufficiently serious and your employer has failed to address it, resigning may amount to constructive dismissal. To succeed in a constructive dismissal claim, you would ordinarily need two years of continuous service, though claims connected to protected characteristics or whistleblowing may have no qualifying period. Specialist advice is important before deciding to resign.

Disclaimer: This article provides general information and is not legal advice. Employment situations are fact-specific, and strict time limits can apply.

About the Author

Ark Advocacy provides structured workplace support for employees across Scotland facing investigations, disciplinaries, grievances, and dismissal processes.

All articles are written and reviewed using recognised UK workplace procedure standards, including ACAS Code of Practice guidance where applicable.

Being Bullied at Work or by Your Manager in Scotland? Here's What You Can Do