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One of the most significant, and least discussed, legal challenges facing UK employers is the management of harassment and bullying complaints in remote and hybrid working environments. This obligation affects all employers whose staff operate outside a physical office and applies regardless of where the conduct takes place. This article explains how the law works in practice, what the investigation process requires of employers, and what the consequences are for businesses that fail to engage.

What This Means for UK Employers

The shift to remote and hybrid working has not eliminated the risk of workplace harassment or bullying; rather, it has changed the medium. From inappropriate messages on Slack or Teams to 'cyber-bullying' during video calls, the legal obligations for UK employers remain as stringent as they are in a physical office. Under the Equality Act 2010, employers can be held vicariously liable for acts of harassment committed by their employees in the course of their employment, regardless of where that work takes place.

1. Immediate Response and Informal Resolution

When a complaint is raised, the first step is to acknowledge it promptly. In a remote setting, the lack of face-to-face interaction can make an employee feel isolated or ignored, which may escalate the situation.

The choice to proceed informally must always be led by the complainant.

• If the matter is less serious, an informal resolution, such as a facilitated video meeting or a 'quiet word' from a manager, may be appropriate.
• If the complainant wishes to trigger a formal grievance, the business must follow its written grievance procedure, ensuring it aligns with the ACAS Code of Practice.
• Acknowledge the complaint promptly to avoid the complainant feeling unsupported or isolated.

2. The Investigation Process

Investigating remote complaints requires a digital-first approach. The same procedural standards that apply in a physical office apply equally in a digital environment.

Consistency in applying the balance of probabilities standard is essential throughout.

• Secure copies of emails, instant messaging logs, and recordings of video meetings. Remind staff that 'private' chats on work platforms are often discoverable.
• Conduct investigation interviews via secure video link.
• Ensure the employee knows they have the right to be accompanied by a colleague or trade union representative, just as they would in person.
• Offer the option to attend in person if the employee would prefer.
• Apply the same standard of proof (the balance of probabilities) as would apply in a physical office environment.

3. Maintaining Confidentiality

Confidentiality is the cornerstone of a fair process. In a remote environment, there is an increased risk of information being shared via unauthorised channels or informal messaging groups.

A breach of confidentiality should be treated as a separate disciplinary matter and may amount to gross misconduct.

• Ensure all documents related to the investigation are stored in restricted-access folders.
• Explicitly instruct all involved parties, including witnesses, at all stages of the process that the matter is confidential and must not be discussed with colleagues over messaging apps or social media.

4. Managing Retaliation and Victimisation Risks

One of the greatest risks in employment law is 'victimisation,' where an employee is treated poorly because they made a complaint or supported someone else's complaint.

Managers must be trained to recognise digital cold-shouldering tactics specific to remote working.

• In remote teams, retaliation can be subtle: excluding the complainant from 'social' video calls, removing them from project-based group chats, or failing to respond to their messages.
• Make it clear to the person being investigated that any form of retaliation will lead to immediate disciplinary action.
• Monitor the complainant's inclusion in team communications throughout and after the investigation.

Why This Matters in Practice

• Vicarious Liability Risk: Employers remain legally responsible for harassment occurring via digital platforms, including Slack, Teams, and WhatsApp, during the course of employment.
• Informal Resolution Risk: Proceeding informally without the complainant's consent, or failing to follow the ACAS Code of Practice, weakens the employer's procedural position.
• Evidence Risk: Failing to secure digital evidence promptly, including chat logs and video recordings, can critically undermine an investigation.
• Victimisation Risk: Digital exclusion or 'ghosting' of a complainant constitutes victimisation and may give rise to a separate Employment Tribunal claim.
• Confidentiality Risk: Unauthorised sharing of investigation details over messaging apps can amount to gross misconduct and expose the business to further liability.

Why Work with a Specialist Employment Lawyer

A specialist employment lawyer can support your business in managing remote harassment complaints lawfully:

• Advise on whether a complaint should be handled informally or formally under the ACAS Code of Practice.
• Assist with structuring a legally sound investigation process adapted to a digital environment.
• Draft written instructions to parties regarding confidentiality obligations.
• Advise on victimisation risks and how to monitor and protect complainants throughout the process.

Managing Remote Harassment Complaints Lawfully in 2026

Businesses should be aware of their continuing legal obligations in respect of remote and hybrid working and begin preparing now. Ensuring you are ready to handle harassment and bullying complaints through a fair, documented, and legally compliant process is not optional; it is a legal obligation that applies wherever your employees are working.