What does the Bullying and Respect at Work Bill mean for employers?

In July 2023 Labour MP Racheal Maskell presented the Bullying and Respect at Work Bill (the Bill) in Parliament. The Bill aims to provide greater protection for employees and workers from workplace bullying and promote positive and supportive workplace cultures in UK businesses. This article looks at some of the Bill’s proposals and what they could mean for employers. Readers should note however, that the Bill is still in early stages and may yet undergo amendments.

New definition of bullying

As we discussed in a previous article, there is currently no statutory definition of bullying. According to ACAS bullying may include “unwanted behaviour from a person or group that is either offensive, intimidating, malicious or insulting or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.” The Bill would clarify the position by creating a statutory definition of bullying.

The Bill also includes the introduction of a Respect at Work Code. This Code would outline minimum standards of acceptable behaviour at work and how employers should manage bullying in the workplace.

Tribunal claims

Workers currently cannot bring a claim based solely on bullying in the Employment Tribunal. A worker who is a victim of bullying may be able to bring a claim for harassment or discrimination if they can show that the bullying is connected to a protected characteristic under the Equality Act 2010, such as gender or sexuality. This leaves many workers unprotected.

Another potential avenue for an employee who has experienced bullying at work is to resign and claim constructive unfair dismissal. However, this is also an inadequate remedy as it is only available to employees (not workers), and an employee would need at least two years’ service and would need to resign before being able to bring a claim.

The Bill would enable workers to bring a claim related to bullying in the Employment Tribunal. The protection afforded would be similar to that provided for harassment, but the bullying would not need to be related to a protected characteristic. Workers would be able to claim compensation if their employer has failed to protect them from bullying or has dismissed them for reasons related to bullying.

Enforcement measures

In order to help eliminate toxic workplace cultures, the Bill would give powers to the Equality and Human Rights Commission (EHRC) to investigate and issue enforcement notices against businesses where bullying is found to be present. It is hoped that extending the powers of the EHRC this way will create a positive influence on workplace cultures where bullying is common.

What should employers do now?

As of writing the Bill has only completed its first reading in the House of Commons with its second reading scheduled for November 2023. If the Bill does pass we can expect some amendments will be made to it before then. However, this does not mean that employers can afford to ignore bullying in their workplace in the meantime. Bullying hurts businesses. It can cause poor mental health, increased stress, and may lead workers to take time off sick. Employers should take bullying seriously and work with management and staff to foster a workplace culture where all individuals are valued and respected.

All employers should have an anti-bullying policy in their workplace. This policy should set out a clear definition of what is considered bullying at the business, and the standard of behaviour which is expected of staff. There should be a clear route for workers to report any instances of bullying, and how such complaints will be handled. These procedures should be regularly reviewed and managers should be properly trained on how to receive and investigate an allegation of bullying.

Bullying behaviour thrives when others are either too scared or too apathetic to challenge it. Employers and managers must break cultures of silence in their organisations by making their anti-bullying stance clear and by encouraging workers to report any bullying behaviour they witness, regardless of whether the worker was the intended “target”.

If you need an anti-bullying policy for your business, would like your current policy reviewed, or have any questions about employment law in general, contact our Employment Team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.