What is bullying, harassment and discrimination?

Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened.

Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation.

Bullying can take the form of physical, verbal and non-verbal conduct.  Non-verbal conduct includes postings on social media outlets. Examples include:

• shouting at, being sarcastic towards, ridiculing or demeaning others;
• physical or psychological threats;
• overbearing and intimidating levels of supervision;
• inappropriate and/or derogatory remarks about someone's performance;
• abuse of authority or power by those in positions of seniority; or
• deliberately excluding someone from meetings or communications without good reason.

Legitimate, reasonable and constructive criticism of performance or behaviour, or reasonable instructions given to students in the course of their studies, will not amount to bullying on their own.

Harassment is unwanted physical, verbal or non-verbal conduct which may intentionally or unintentionally violate a person’s dignity or create an intimidating, hostile, degrading, humiliating or offensive environment which interferes with an individual’s learning, working or social environment. 

Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to a protected characteristic, examples include:

• unwanted physical conduct of ‘horseplay”, including touching, pinching, pushing, grabbing, brushing past someone, invading their personal space and more serious forms of physical or sexual assault;
• unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless), and suggestions that sexual favours may further a career or that a refusal may hinder it;
• continued suggestions for social activity after it has been made clear that such suggestions are unwelcome;
• sending or displaying material that is pornographic or that some people may find offensive (including e-mails, text messages, video clips and images sent by mobile phone or posted on the internet);
• offensive or intimidating comments or gestures, or insensitive jokes pr pranks;
• mocking, mimicking or belittling a person’s disability;
• racist, sexist, biphobic, homophobic, transphobic or ageist jokes, or derogatory or stereotypical remarks about a particular ethnic or religious group or gender;
• outing or threatening to out someone as gay, lesbian, bisexual or trans (including deadnaming a trans person); or
• ignoring or shunning someone, for example, by deliberately excluding them from a conversation or a workplace social activity.

A person may be harassed even if they were not the intended "target". For example, a person may be harassed by racist jokes about a different ethnic group if they create an offensive environment.

The Equality and Human Rights Commission provides more detailed information on harassment related to a protected characteristic, sexual harassment, and less favourable treatment because they submit to or reject sexual harassment or harassment related to sex.

Discrimination. Unlawful discrimination takes place when an individual or a group of people is treated less favourably than others based on a protected characteristic

Direct discrimination occurs where someone is treated less favourably because of one of the protected characteristic; this can include association with or a perception of a particular characteristic.

Indirect discrimination occurs where someone is disadvantaged by an unjustified provision, criteria or practice that puts people with a particular protected characteristic at a disadvantage compared with others who do not share that characteristic. 

The Equality and Human Rights Commission provides more detailed explanations on discrimination and when it can be justified as a proportionate means of achieving a legitimate aim.

Victimisation.  This is less favourable treatment of someone who has complained or given information about discrimination, bullying or harassment, or supported someone else’s complaint.