Proposed Bullying and Respect at Work Bill

Proposed Bullying and Respect at Work Bill: what this could mean for businesses?

Bullying, when it occurs, is a significant workplace issue – but it is typically subjective and difficult to verify. As recent headlines have shown – with Dominic Raab and ITV being accused – there is now a laser focus on toxic workplaces and reports of bullying. But the uncertainty could be coming to an end, as a measure attempting to offer a new legal definition of bullying at work has now been tabled by MPs.

The Bullying and Respect at Work Bill was proposed to parliament by Rachel Maskell, Labour and Co-operative MP for York Central on July 11, and if it becomes law, will make it mandatory for businesses to set up formal mechanisms for reporting and investigating bullying.

It will also allow employment tribunals to hear workplace bullying claims and introduce a new respect at work code that establishes minimum standards for positive and respectful work environments.

Additionally, it will give powers to the Equalities and Human Rights Commission (EHRC) to investigate workplaces and organisations – where there is evidence of a culture of, or multiple incidents of bullying – and take enforcement action.

According to Ben Wilmott, head of public policy at the CIPD, bullying is still a substantial and prevalent workplace issue that has a “damaging effect on people’s health and wellbeing”.

He clarifies, however, that careful consideration must be given to how to design and effectively implement new legislation aimed at preventing workplace bullying and a “key challenge would be how to define bullying”.

The pros and cons of the legislative approach

The proposed new legislation is a good step towards protecting employers and workers from the harms and costs associated with workplace bullying. “The lack of a clear legal definition of bullying in English law is clearly no longer sustainable. Workplace bullying causes irreparable harm to employees and costs employers billions of pounds through lost working days and sickness,”

For the time being, the only legal options for anyone subjected to workplace bullying are to resign and file a claim for unfair dismissal or to file a harassment claim “neither of which is ideal”

What the introduction of the bill does mean, he says, is that employment tribunals will have a more effective tool with which to consider bullying issues “General protection for employees from bullying at work is long overdue and there is no reason why it can’t be managed in the same way as protection from harassment under the Equality Act is.”

However, while we await the details, the bill does provide a needed legal definition of bullying, which would be a “big step forward for both employers and employees” and the government has demonstrated its willingness to adopt private members’ bills to bring in new employment legislation, which many will hope will happen in this case.

What needs to be considered before implementation?

According to CIPD research, 15 per cent of employees in the UK experienced bullying between 2016 and 2019, with 8 per cent reporting harassment, and 4 per cent sexual harassment. It also discovered that women are substantially more likely than men to report being bullied.

Additionally, ACAS estimates that workplace conflict costs UK businesses £28 billion per year and a previous People Management article reported last year that the number of employment tribunal claims citing allegations of bullying increased by 44 per cent (from 581 to 835) between March 2021 and March 2022, reaching record highs.

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