Bullying in the Workplace – why we need a little R.E.S.P.E.C.T

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What’s the scale of the problem?

Bullying in the workplace is a serious issue for workers (29% of whom will experience workplace bullying at some point1), and for employers (bullying is estimated to cost UK businesses £18 billion a year2 and to contribute to the loss of over 17 million working days each year3).

What’s the legal position?

Employees are often surprised that there is no legal definition of ‘bullying’ as such and that workers cannot bring a standalone claim against their employer for bullying. However, this may explain why over half of those who experience bullying never report it4.

Employers are not legally required to have a policy on bullying in the workplace, although it is considered best practice to have one and many employers do refer to bullying in their anti-harassment and/or grievance policies.

Currently, workers who experience bullying in the workplace may be able to seek redress through the employment tribunals under discrimination or harassment law and employees may be able to pursue a claim for constructive unfair dismissal through the employment tribunals, or a claim for personal injury could be pursued via the civil courts. However, some find themselves falling through the cracks in legal protection.

What’s changing?

A new Bill has been proposed which will introduce a legal definition of bullying for the first time. The Bullying and Respect at Work Bill is due to have its second reading in the House of Commons in June 2024, so it is still in the early stages and the proposals will likely be subject to change before the Bill becomes law.

As well as defining bullying at work, the Bill seeks to make provision to allow for claims for bullying to be considered by employment tribunals and to provide a code setting out minimum standards for working environments.

Under the Bill, the Equalities and Human Rights Commission will have the power to investigate workplaces where there is evidence of bullying and to take enforcement action.

Article by

Marianne Wright

0800 915 7777

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

20.03.24

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