On 11 July 2023, a Bill to legally define bullying in the workplace and to create a separate type of claim in respect of bullying at work passed its first reading in Parliament.
The Bullying and Respect at Work Bill was proposed by Labour MP Rachael Maskell who has said that the UK has “failed millions of workers” by not setting the standards for workplace behaviour as there is currently no recourse for an employee who has been bullied unless they claim constructive dismissal (which they need two years’ service for) and/or can link the bullying to a protected characteristic such as disability or race.
Rachael Maskell referred to research from the Trade Union Congress in 2019 which estimated that one-quarter of workers are bullied during work. A lot of people who say they are bullied chose not to report it.
Rachael Maskell told the House of Commons:
“What is the point if it exposes you further?
There’s no legal definition, no legal protection, no legal route to justice, and without protection, many will leave their employer.”
If this Bill is passed through Parliament and becomes law then this would be the first time in the UK the Bill would provide a legal definition of ‘bullying’ in the workplace.
What would the Bullying and Respect at Work Bill mean for employees?
Employees would have the right to bring a claim for workplace bullying to an employment tribunal. Employers who failed to put a statutory ‘Respect at Work’ Code for minimum standards of behaviour into practice, or did not deal with a perpetrator who continued to bully would likely face sanctions.
The Bill would also grant the Equality and Human Rights Commission the right to investigate employers who have systemic bullying damaging workplace cultures.
Rachael Maskell said:
“The Bill would mean the definition of bullying by the workplace mediator Acas as “offensive, intimidating, malicious, insulting or humiliating behaviour” would be extended into statute and the usual method of determining compensation for injury to feelings would be applied.
But its main goal is establishing a minimum standard for workplace conduct and discouraging managers who use their power over colleagues to denigrate and destroy.”
Comment
Having a legal definition of bullying in place would be a huge step forward for not only employees who would have a new type of employment tribunal claim but employers too as it will clearly set out the parameters of what behaviour is acceptable in the workplace and what is not.
What should I be doing as an employer?
Even though there is not currently an actual legal definition of bullying in the workplace that does not mean you should not be aware or ensure policies are put in place to guarantee this does not occur in the workplace.
The vast majority of people would likely leave their employer if they were being bullied, a lot of people will also inform other people of their experiences, meaning this could not only affect your staff attrition rate but also your reputation.
We advise all of our employer clients to have an up-to-date anti-bullying policy in place and that all your employers including managers are aware of this policy.
How can Nelsons help
For further information or advice concerning the subjects discussed in this article, don’t hesitate to get in touch with a member of our expert Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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