What counts as bullying, harassment and a grievance

In shortA grievance is a formal complaint about anything at work; harassment has a legal definition, bullying does not, and it matters which you are describing.

A grievance is simply a formal complaint by an employee about something at work. Bullying and harassment are not always separated in everyday speech, but they are different things in law.

Harassment (Equality Act 2010, section 26)
Unwanted conduct related to a relevant protected characteristic (such as sex, race, disability, religion or belief, sexual orientation, age or gender reassignment) that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you. Unwanted conduct of a sexual nature, and less favourable treatment because you rejected or put up with it, is also covered. A tribunal takes into account your own perception, the other circumstances of the case and whether it is reasonable for the conduct to have that effect.
Bullying
No single statutory definition. In practice it means repeated or serious behaviour that undermines, humiliates or intimidates you: public belittling, exclusion, impossible demands, spreading rumours, or abuse of authority. HMPPS conduct standards treat it as misconduct by the person responsible.
Grievance track
Asks the employer to put right something that has happened to you.
Conduct track
Asks whether a colleague breached standards. Run by different people, with different outcomes, so the same facts can lead to both.
  • Bullying, harassment, discrimination or victimisation
  • Unfair treatment
  • A rota or roster decision
  • The way a manager has dealt with you
  • A failure to apply a policy

How common this is, and why the process changed

In shortSurvey data suggests bullying and harassment are widely experienced and rarely acted on, and the Rademaker Review found the old policy not fit for purpose, so the process is in transition.

  • Bullying or harassment12%HMPPS staff, 2024 People Survey; 8% across the Civil Service
  • Discrimination12%HMPPS staff; 7% across the Civil Service
  • Reported it48%Of those who experienced it
  • Action was taken23%Of those who experienced it

Source: HMPPS Annual Report and Accounts 2024 to 25 (laid on 30 October 2025). Those are survey responses, not findings by a tribunal or investigation, but they explain why officers often hesitate to complain.

The Rademaker Review, an independent review of professional standards dated April 2024 and published on 6 May 2025, described the grievance policy PSO 8550 (implemented 31 March 2009) as not fit for purpose for these complaints. It recommended an independent channel.

The Government and HMPPS accepted all twelve recommendations on 6 May 2025. Whether the Commissioner has been appointed is something we could not verify and we do not state it.

  • An independent central unit that deals with complaints outside the line
  • An Independent Commissioner for HMPPS Professional Standards
  • A single complaints database
How bullying, harassment and grievance processes have changed (England and Wales, as at 3 October 2026)
ItemWhat is publishedStatus
Grievance policyPSO 8550, implemented 31 March 2009; stage 1 meeting within 20 working days, outcome within 10, appeal on the same timescalesBeing replaced; "close to being finalised" per HMPPS on 9 July 2026
Independent channelIRRIS replaced TUBU on 26 January 2026; Interim Grievance Process for bullying, harassment, discrimination and victimisationLive
Volume (9 July 2026 answers)578 interim grievances from November 2025 to July 2026: 387 prison staff, 170 probation, 21 HQOfficial figures; outcomes include upheld, partially upheld and rejected
Rademaker recommendations12 recommendations, all accepted on 6 May 2025Independent Commissioner appointment not verified
Acas Code of PracticeStatutory baseline for fair grievance handling; revision consulted on until 23 September 2026No outcome or start date announced

Sources: written answers 16007 to 16009 (9 July 2026); Rademaker Review (published 6 May 2025); Acas.

Informal resolution first, where it is safe

In shortYou may try to resolve things informally, but nobody can require you to confront someone who has bullied or harassed you, and you can go straight to a formal complaint.

Most grievance procedures, and the Acas Code, expect you to try informal resolution where that is reasonable. If the conduct is serious, repeated, sexual, or from someone who manages you, you are entitled to go straight to a formal complaint without feeling you failed a step.

IRRIS is described in the Government's answer as offering a helpline, mediation, investigation support and climate assessments. Ask whether mediation is on offer and whether it is voluntary: it only works if both people take part willingly and is no substitute for a formal outcome when the behaviour is serious.

  • A conversation with your line manager or a manager one grade above
  • A conversation with your Governor or Deputy Governor
  • Workplace mediation arranged through HR or through IRRIS
  • Support from a trade union representative or the Employee Assistance Programme

If you raise something informally

  • Keep a short note: date, who you spoke to, what you said and what they agreed to do. If the problem continues, it proves you gave the employer the chance to act.
  • Keep your own timeline of incidents with dates, places, witnesses and any messages or entries that corroborate it.
  • Keep it on your own device or paper, and never copy confidential prison data, prisoner information or security material to do so.
  • Ask your POA rep what you may and may not keep: documents that belong to HMPPS should stay with HMPPS.

Raising a formal grievance step by step

In shortWrite it down, get your rep to read it, send it by the route you are told is correct, and treat the 20 and 10 working day figures as the last published standard, not a promise.

The Acas Code of Practice, which tribunals use as the statutory yardstick of fairness, describes the basic sequence. You set out the grievance in writing without unreasonable delay, the employer arranges a formal meeting, you can be accompanied, the employer decides in writing, and you can appeal to someone not previously involved.

Where a grievance and a disciplinary matter overlap, the Code says the disciplinary process may be temporarily suspended to deal with the grievance, though that is a judgement for the employer, not a right.

  1. Decide what outcome you want: an apology, an end to the behaviour, a move, mediation, an investigation of a colleague, or a change to a decision. Write it down.
  2. Write your grievance in plain language. Give dates, what happened, who was present, the effect on you and what you have already tried. Keep to facts and avoid labels you cannot prove.
  3. Ask your POA representative to read it before you send it, and ask whether the complaint should go through the interim IRRIS process or the local route.
  4. Submit it by the route you are told is correct and keep proof of when you sent it. Ask in writing for confirmation of who is dealing with it and the timescale.
  5. Prepare for the meeting. You can bring a colleague or a trade union representative as a companion, who can address the meeting and talk with you but not answer questions for you.
  6. Receive the written outcome. If you disagree, appeal in writing to the person named, setting out why: new evidence, a flawed process, or an outcome that does not match the findings.
  7. If you have been dismissed, disciplined or disadvantaged, or the problem remains unresolved, speak to your union or Acas about early conciliation before the tribunal time limit runs out.
Free toolMisconduct process navigatorAnswer a few questions about where you are in a conduct, grievance or capability process and see the published steps, what is not public, and who to call.Open the free process navigator

Your rights: accompaniment, victimisation and confidentiality

In shortYou can be accompanied, you are protected from victimisation for complaining in good faith, and confidentiality is limited because the person complained about must know the substance of the allegations.

Right to be accompanied

You have a statutory right to be accompanied at a grievance meeting that concerns the performance of a duty by the employer, by a fellow worker, a trade union representative or an official employed by a trade union.

The companion can address the meeting, put your case and confer with you, but cannot answer questions for you.

Our guide to the right to be accompanied and to POA representation covers this in more depth.

A family member is not covered by the right, although an employer can agree to it. In a case published in 2026 an HMPPS employer did allow a family member to give support in a separate room on Occupational Health advice.

That was a disciplinary hearing, not a grievance, and one case is not a rule.

Protection against victimisation

Under the Equality Act it is unlawful to treat you badly because you made, or supported, a complaint of discrimination in good faith. HMPPS has also said that people who report misconduct must not be victimised.

If you suffer a detriment after you complain, such as a sudden change of shift, being frozen out, or a new performance concern, record it in the same timeline and raise it as a further grievance or with your rep.

Do not assume it is coincidence and do not assume it is retaliation: describe the facts and let the process test them.

Confidentiality

The person you complain about is entitled to know the substance of what is alleged so that they can answer it, so you should not expect your name to be kept secret if a conduct investigation follows.

You should not discuss the complaint widely with colleagues, on social media, or in group chats: that can undermine the process and, in the worst case, can itself be treated as harassment. Tell the investigator, your rep and people you trust at home, and leave the rest to the process.

Sexual harassment and the new employer duties

In shortThe Employment Rights Act 2025 adds employer duties on sexual harassment from 30 October 2026, but how HMPPS will apply them locally has not been published.

According to the Government's timeline update of 25 September 2026, the Employment Rights Act 2025 changes the legal landscape for harassment. The Government page itself says future dates remain subject to the parliamentary process, so check for any change nearer the time.

  • Officers can face harassment from prisoners, visitors and contractors as well as from colleagues.
  • Sexual comments, sexualised behaviour and persistent unwanted attention from a prisoner are conduct problems for the establishment as well as for the individual.
  • Report them through the normal incident and safeguarding routes and keep your own record; see also prison officer whistleblowing if what you have seen concerns others.
  • The new duty is an employer obligation, and how HMPPS will translate it into local practice has not yet been published, so do not assume any particular process will be in place from the start date.

Employment Rights Act 2025: sexual harassment dates

  1. 6 April 2026Whistleblowing protection

    Disclosures about sexual harassment are protected.

  2. 30 October 2026New employer duty

    An employer must take "all reasonable steps" to prevent sexual harassment of its workers and must not allow third-party harassment.

Raising concerns without being a complainant: speaking up

In shortWhistleblowing can protect you when you report wrongdoing you have seen, but whether a disclosure is protected is a legal question: report once, through the proper route, with facts.

Sometimes the concern is not about what has been done to you but about what you have seen. Staff who raise concerns about wrongdoing may be protected by the whistleblowing provisions in the Employment Rights Act 1996. A gagging clause cannot stop a protected disclosure, and dismissal for making one needs no qualifying service.

  • Criminal offences
  • Danger to health and safety
  • Miscarriages of justice
  • Legal breaches
  • Covering up wrongdoing
  • Sexual harassment (since 6 April 2026)

HMPPS policy on reporting wrongdoing

What HMPPS expects

  • Report corruption and serious wrongdoing at the earliest opportunity.
  • Use the routes provided, including an independently run Integrity Hotline.

What HMPPS warns against

  • Discussing suspicions with colleagues rather than reporting through the proper channel can itself be treated as bullying or harassment.
  • False or malicious reports are misconduct.

Employment tribunal claims: time limits and the Acas step

In shortMost claims now have a 6 month time limit from 1 October 2026 with Acas early conciliation first, and a grievance or appeal does not stop the clock.

  • Time limit, most claims6 monthsFrom 1 October 2026; previously 3
  • Acas stepFirstClock paused while early conciliation runs
  • Acas Code adjustmentUp to 25%Either way, for unreasonable failure to follow it

GOV.UK now says you usually have to make a claim within 6 months of your employment ending or of the problem happening, and the Government's timeline update confirms the extension from 3 to 6 months took effect on 1 October 2026 for most claims. Before you claim you must tell Acas.

Whether the old three-month limit continues to apply to acts before 1 October 2026 is a transitional question we could not verify, so if the events are older, take advice at once instead of assuming you have six months.

Key time limits and thresholds (England and Wales employment tribunal, as at 3 October 2026)
ItemRuleSource
Time limit for most claims6 months (from 1 October 2026; previously 3)GOV.UK timeline update, 25 September 2026
Acas early conciliationCompulsory before most claims; clock paused while it runsGOV.UK employment tribunals
Unfair dismissal qualifying service2 years up to 31 December 2026; 6 months where termination is on or after 1 January 2027SI 2026/559; ERA 1996 s.108
Discrimination and harassment claimsNo qualifying serviceEquality Act 2010
Acas Code non-complianceAward can be adjusted by up to 25%Acas Code foreword

Transitional rules for events before 1 October 2026 were not verified. Take advice promptly.

Protecting yourself and your wellbeing during a complaint

In shortA complaint can take months and drain you: keep your own conduct clean, bring your rep to every meeting and use the support available.

A formal complaint can take months and can be draining. Keep working to the standard you normally would: a complaint does not excuse a lapse and people sometimes find a counter-complaint is raised about them.

Stress at work can lead to sickness absence, and absence has its own process that can interact with a complaint. Our guide to sickness absence management for prison officers explains how that works, and the sick pay calculator can show you what a spell of absence may do to your pay.

You can be both the complainant and a respondent in another matter. If a complaint about you is running at the same time, read our guide to how a prison officer misconduct investigation works and the overview of conduct and discipline for prison officers.

Look after the basics

  • Ask your rep to attend any meeting, even an apparently informal one.
  • Ask for the purpose of any meeting in writing.
  • Use Occupational Health, the Employee Assistance Programme and your GP for support.
  • Where your condition is long term, ask about reasonable adjustments under the Equality Act.
  • Get the right support in each track, from the POA, a solicitor and Acas where appropriate: that matters more than winning any single argument.
Paid toolMisconduct response packA structured workbook for keeping your own timeline, evidence list, questions for your rep and preparation notes. It does not replace union or legal advice.See the response pack

Common mistakes to avoid

In shortThe biggest mistakes are waiting, writing an unfocused grievance and relying on memory instead of dated notes.

Delay weakens evidence, may make the employer's decision-making harder to challenge, and eats into time limits. Lead with the three or four most serious, best-evidenced matters and mention the rest briefly. Contemporaneous notes, messages and rota entries are far more persuasive than a recollection written months later.

  • Keep your own dated timeline, on your own device, without copying prison data.
  • Ask in writing which process, which policy version and which timescale apply.
  • Use the union and use the right to be accompanied.
  • Do not let an internal process run past the tribunal time limit without advice.

Procedural do and do not

Do

  • Use the appeal: it can be part of showing you used the process, even if you expect to lose.
  • Raise an objection to a chair in writing and ask for a change, but attend unless you are told otherwise.

Do not

  • Record meetings secretly or discuss a complaint on social media.
  • If you are accused in a counter-complaint, retaliate, contact the other person to pressure them, or discuss the matter with potential witnesses.

Frequently asked questions

Where do I send a bullying or harassment grievance as a prison officer?

Since 26 January 2026, HMPPS has run an Interim Grievance Process through IRRIS for bullying, harassment, discrimination and victimisation complaints so an independent decision maker outside your line handles them. Ask HR or your POA rep for the current submission route at your establishment, and ask for written confirmation of who is handling it.

How long does an HMPPS grievance take?

The older grievance policy (PSO 8550, 2009) set a stage 1 meeting within 20 working days and an outcome within 10 working days, with an appeal on the same timescales. That policy is being replaced, so ask for the timescale in writing.

Real cases can take longer, and a delay does not stop your tribunal time limit running.

Can I bring my POA rep to a grievance meeting?

Yes. You have a statutory right to be accompanied by a fellow worker, a trade union representative or a trade union official at a grievance meeting about the employer's duty towards you.

They may address the meeting and confer with you but cannot answer questions on your behalf. Ask early so the meeting can be arranged around them.

Is bullying illegal?

Bullying is not defined as a stand-alone offence in employment law, but harassment related to a protected characteristic is unlawful under section 26 of the Equality Act 2010, and bullying is treated as misconduct under HMPPS standards.

Serious conduct can also involve criminal law. Which route fits depends on the facts, so take union or legal advice.

Will my complaint stay confidential?

Not completely. The person complained about is generally entitled to know the substance of the allegations so they can respond, and witnesses may be interviewed. HMPPS says staff who report misconduct must not be victimised. Limit who you tell to your rep, the investigator and trusted people at home, and avoid social media.

How long do I have to take a harassment claim to a tribunal?

GOV.UK says you usually have to make a claim within 6 months of the problem happening or your employment ending, and the six-month limit took effect on 1 October 2026 for most claims. You must tell Acas first and the clock pauses during early conciliation.

If the events were before 1 October 2026, take advice immediately because transitional rules were not verified.

What if I am dismissed after raising a complaint?

Talk to your union and Acas urgently. A dismissal connected to a protected disclosure or to discrimination can be challenged without the usual minimum service, and victimisation for raising a discrimination complaint is separately unlawful. Keep the dates, because the tribunal time limit runs from the dismissal.

Sources