Bullying and harassment

While there is no legal definition of bullying, it can generally be described as unwanted behaviour from a person or group that is either: 

• Offensive, intimidating, malicious, or insulting
• An abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone

Bullying can be a one-off incident or follow a regular pattern of behaviour. It can happen face-to-face, on social media, in emails or calls at work, or in other work-related situations. Examples of bullying can include micro-aggressions, being undermined or humiliated, unjustified criticisms of work, being ignored or excluded from work or social activities, constantly being put down or picked on, threats to job security, being set up to fail and inappropriate or offensive comments. 

Being bullied can make you doubt yourself and have a long-term, negative impact on your self-confidence, wellbeing and health. 

There is no specific or single law against bullying at work. However, you are not without legal protection. For example, depending on the circumstances, bullying can constitute unlawful discrimination and harassment, it can lead to unfair constructive dismissal and breach of contract, or result in claims under the Protection from Harassment Act 1997, for personal injury, and breaches of health and safety requirements. 

Harassment and discrimination are unlawful and you are protected by law regardless of your employment status or length of contract. Employers must do all they reasonably can to protect staff from harassment and prevent it from happening. For more information, please see the Acas website.

Under the Equality Act 2010, there are three forms of unlawful harassment:

• General harassment involves unwanted conduct connected to a ​‘protected characteristic’. 
• This can be age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. 
• Harassment has the purpose or effect of either violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you. 
• Someone’s conduct can count as harassment even if they didn’t intend to harass you, they’re wrong about you having that characteristic, you did not tell them that the conduct was unwanted or if the behaviour was directed at someone else. 

Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of: 

• Violating someone’s dignity, whether it was intended or not.
• Creating an intimidating, hostile, degrading, humiliating or offensive environment for them, whether it was intended or not.
• Less favourable treatment as a result of sexual harassment occurs when someone experiences less favourable treatment because of how they respond to being harassed. For example, if you reject sexual advances from your manager and then receive an unjustified bad performance review from them, this could count as harassment.

TIME’S UP UK insist on safe, fair, and dignified work for everyone and provide tools and further signposting. Safe To Speak Up, a recent report into sexual harassment in the industry which provides more insight into the issues many experience. Rights of Women have produced a guide to sexual harassment at work – read their guide here.

Discrimination can take a number of forms, which you can find out about here. 

If you experience discrimination under the Equality Act 2010 you have legal protections and access to a tribunal from day one of employment. Trade union membership provides you with free legal support – you can find more information about this by reading about Bectu’s legal scheme.

Victimisation is defined as retaliation against someone who has complained or has supported someone else’s complaint about discrimination. 

It’s useful to check whether your workplace has any internal policies or procedures for dealing with bullying and harassment. Ideally your workplace will have a Bullying and Harassment Policy, or your contract or staff handbook may contain guidance. This should outline the company’s position on bullying, how to report it and name the person you should approach. If it doesn’t, you can refer to the BFI / BAFTA Guidelines for employers and employees, which includes useful definitions and examples, a template Dignity at Work policy and recommendations for good practice across the industry. You may also refer to guidance from Acas on being treated unfairly at work and dealing with problems at work.

Consider talking to a lawyer at an early stage to enable you to understand your options and legal rights and provide you with guidance and support to deal with the bullying. Depending on the circumstances of the bullying or harassment it could be unlawful. Legal action may not always be possible, but a lawyer can offer specific advice. 

Our legal advice is free and can be accessed through the Film and TV Support Line. You will be able to access advice on the nature of your contract, your rights and your employer’s legal responsibilities.

• Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. They also provide training and help to resolve disputes.
• The Equality Advisory and Support Service (EASS) is an independent advice service is aimed at individuals who need information, advice and support on discrimination and human rights issues across Great Britain. 
• The Creative Industries Independent Standards Authority is being launched at the end of 2024, to uphold and improve standards of behaviour across the creative industries and to prevent and tackle all forms of bullying and harassment, including bullying and harassment of a discriminatory nature. 
• BFI and BAFTA’s principles and guidance are useful for addressing and preventing bullying, harassment and discrimination in the screen industries.
• Bectu is the union for staff, contract and freelance workers in the media and entertainment industries.
• Directors UK is the professional association of UK screen directors. Their Bullying Handbook is a great resource and includes their code of conduct. 

• Creative UK offers training to help you combat bullying, harrassment and discrimination.
• ScreenSkills has created an online training module for anyone working in the screen industries, as well as other useful information.