Bullying, Harassment and Discrimination

Protecting people. Protecting the organisation.

Allegations of bullying, harassment or discrimination strike at the heart of an organisation’s culture and credibility. Handled well, they can reinforce standards, repair trust and demonstrate integrity. Handled poorly, they expose the business to reputational damage, legal risk and internal fracture.

Watershed advises clients on navigating these issues with discretion, rigour and legal clarity. We are brought in early, often before a formal complaint is made, to advise on strategy, procedure and tone.

Our focus is always on resolving concerns in a way that protects both people and business.

The legal framework

We represent employers only, advising and defending in the following areas:

The Equality Act defines harassment and discrimination with precision, but the real-world situations are rarely clear-cut. Complaints often involve personal dynamics, long histories, or behaviours that fall short of legal thresholds but still cause harm.

We help clients:

Distinguish between protected conduct and inappropriate behaviour
Assess legal exposure under the Equality Act
Understand the implications of claims involving race, sex, disability, religion and other protected characteristics
Respond proportionately, avoiding underreaction or overreach

Our advice is rooted in law, but shaped by real-world complexity. We recognise that perception matters, and that failing to address concerns early can entrench risk.

Bullying and the grey areas

Unlike harassment, there is no statutory definition of bullying. But employers still carry responsibility for addressing it. Whether the issue is micromanagement, exclusion, tone, or alleged misuse of authority, the question is often: how should we respond?

We support clients in:

Framing and handling informal concerns
Conducting internal reviews or independent investigations
Managing outcomes fairly, whether through informal resolution or disciplinary process
Communicating decisions in a way that upholds dignity on all sides

These are not checklist matters. They require judgement, consistency and care. We bring all three.

Discrimination. The Risk Behind the Process

Discrimination claims are among the most expensive and reputationally damaging an employer can face. They are often rooted in perceived unfairness in other processes: a redundancy selection, a performance review, a rejected flexible working request.

We advise clients on how to:

Identify discrimination risks hidden within wider issues
Avoid compounding the problem through flawed process
Draft clear, contemporaneous records of decisions
Defend claims robustly when challenged

Many employers make the mistake of focusing only on outcome. We focus on process, because that’s where risk is created or avoided.

Rebuilding trust, internally and externally

When serious concerns are raised, the organisation is on trial, not just the individual. How you respond matters. Who you involve matters. Silence, delay or inconsistency can damage far more than morale.

We work with clients to ensure:

Complaints are triaged appropriately and proportionately
Investigations are procedurally sound and legally defensible
Senior stakeholders are protected from unnecessary exposure
Outcomes are credible, fair and supported by evidence

We also advise on post-incident strategy: restoring team cohesion, revisiting policy gaps, and ensuring lessons are embedded, not just recorded.

Why clients choose Watershed

Our lawyers handle these matters personally. No delegation. No script. Just senior, experienced professionals who know how to navigate difficult conversations and high-risk decisions.

We are discreet, pragmatic and unflinching. Our advice balances legal precision with reputational sense. And we understand that the most damaging mistake is often not the incident itself, but the mismanagement of the response.