Why evidence decides the outcome
Bullying is rarely done in front of witnesses, and almost never in writing. That is not an accident. It means that when you finally raise it, the account often comes down to your word against theirs, months after the fact, and memory alone will not carry it.
Keep a contemporaneous log
A contemporaneous log simply means notes written at the time, or as close to it as possible. Tribunals and investigators give far more weight to a note written on the day than to a recollection written a year later.
What every entry should contain
Keep it factual and short. Six elements are enough.
- 01
Date and time
Tuesday 3 March, about 2.15pm.
- 02
Where it happened
Meeting room 2, or on the team video call.
- 03
Who was there
Name everyone present, including anyone who only overheard.
- 04
What was actually said or done
Use direct quotes where you can remember them. Avoid summarising into judgements.
- 05
The effect on you
Left the meeting shaking, could not sleep, took the next day as sick leave.
- 06
Anything that backs it up
The email that followed, the calendar invite, the person you told straight afterwards.
Rules for your log
- Write it the same day wherever possible.
- Keep it on a personal device or personal account, never on a work laptop or work email, which your employer can access and can cut you off from.
- Record facts, not conclusions. Write what was said rather than that the person was a bully.
- Never go back and edit an old entry. Add a new dated entry instead.
- Include the good days too. A log that records only the worst moments looks less reliable than one that records the whole picture.
The documents that quietly prove a pattern
You will usually have more evidence than you think. The strongest material is often mundane, because it was created for another purpose and nobody thought to hide it.
- Emails and chat messages, including the tone of ones sent to you compared with those sent to colleagues.
- Meeting invitations you were removed from, or meetings you were never invited to.
- Changing performance reviews, particularly a sudden drop after you raised something.
- Rotas, workload allocations and task lists showing you carrying what others do not.
- Your sick leave record, your fit notes and any occupational health report.
- Your employer's own bullying, harassment, grievance and dignity at work policies.
Patterns persuade more than single incidents. One cancelled meeting means nothing. Eleven cancelled one to ones in a row, with dates, is very hard to explain away.
Witnesses, and why people go quiet
Colleagues who privately agree with you often will not repeat it formally. That is fear, not dishonesty, and it is worth expecting so it does not floor you when it happens.
Working with witnesses
- Ask early, while memories are fresh and before people feel exposed.
- Ask for something small and specific rather than general support. Confirming one dated incident is much easier to agree to than backing your whole complaint.
- Accept a written note by email. It does not need to be a formal statement.
- Note who saw something even if they will not speak. An investigator can approach them directly.
- Never pressure anyone. A reluctant witness can do more harm than none.
Can you record a meeting?
This comes up constantly, and the honest answer has two parts. In the UK it is not a criminal offence to record a conversation you are part of, for your own use. But doing it covertly may breach your employer's policies or your contract, and can be treated as a disciplinary matter.
Asking for what your employer holds
You have the right to ask your employer for the personal data they hold about you. This is called a subject access request, and it can surface emails about you that you were never meant to see.
Making a subject access request
- Put it in writing to your employer or their data protection contact, and keep a copy.
- State clearly that it is a subject access request under UK data protection law.
- Be specific about dates, people and systems to avoid being sent thousands of irrelevant pages.
- They normally have one month to respond, extendable to three in complex cases.
- It is free, and they cannot penalise you for making one.
Prefer to read this offline? Get The HeartBrain Workplace Bullying Handbook emailed to you free.
Common questions
How much evidence is enough?
There is no fixed amount. What matters is that your account is specific, dated and consistent, and that a pattern is visible across time rather than one contested incident.
Can I take copies of work documents home?
Be careful. Taking confidential documents can itself breach your contract. Documents that relate to you personally, such as your own appraisals or emails sent to you, are far safer than wider company material. Get advice before copying anything sensitive.
Is my diary really evidence?
Yes. A contemporaneous personal log is routinely accepted and can be very persuasive, particularly where it is detailed, dated and was clearly written at the time.
What if I have no witnesses at all?
Many successful cases have none. Documents, patterns, your sick record and the consistency of your own account can carry it. The absence of witnesses is normal in bullying, not fatal.
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