The new bullying legislation aims to:

• Provide a statutory definition of workplace bullying
• Enable employees to bring claims related to bullying before employment tribunals
• Establish a Respect at Work Code to set minimum standards for respectful workplaces; and
• Grant powers to the Equalities and Human Rights Commission to investigate bullying cultures, and address connected matters.

If this Bill makes it through the various stages and does become law, it will provide significant additional protection for employees. At the moment employees can only take action if bullying is connected to a protected characteristic, or it’s so bad that it’s a fundamental breach of contract, enabling them to resign and claim constructive dismissal.

A statutory definition of bullying

Providing specific protection against bullying in the workplace will require a statutory definition of bullying. Acas already suggests the following as a description of bullying:

Unwanted behaviour from a person or group that is either:

• offensive, intimidating, malicious or insulting
• an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone

It’s likely that any statutory definition will look very similar to that, and the existing definition of harassment set out in the Equality Act.

What happens if The Bullying and Respect at Work Bill becomes law?

If the Bill is passed, it will have a huge impact on our already overloaded Employment Tribunal system, as hundreds of individuals who previously had no protection against bullying will have an avenue to pursue their complaints.

It will also place further obligations on employers to ensure they have appropriate safeguards in place to protect their employees.

As with most new things, when first introduced its likely we’ll see a surge of complaints, and some employers who aren’t prepared enough, finding themselves facing tribunal claims.

However, the majority of employers will already have systems in place for addressing complaints and dealing with conflicts at work.

General protection for employees from bullying at work, i.e. where the conduct isn’t necessarily connected to a protected characteristic, 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.

It’s all about communication, training, policies and engagement.

Employment relationship breakdown?

Managing people isn’t always straight forward and from time to time employer, employee relationships can break down. At Primed, we give businesses personal support from qualified HR advisors to deal with workplace compliance and HR challenges confidently.

If you’d like to find out how we can support you and your team, speak to an expert today on 01622 47 41 49 or emailing info@primed.co.uk.

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