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Bullying and harassmentEmployment lawLatest NewsDiscipline and grievancesEmployment tribunals

Bill to introduce legal definition of bullying at work

by Ashleigh Webber 11 Jul 2023
by Ashleigh Webber 11 Jul 2023 Image posed by models. Shutterstock
Image posed by models. Shutterstock

A bill that aims to provide new legal definition of bullying at work has been presented to MPs.

The Bullying and Respect at Work Bill proposes legislation that would introduce a statutory definition of bullying, to enable claims related to workplace bullying to be considered at an employment tribunal.

It would also bring in a new respect-at-work code which will set minimum standards for respectful work environments.

Formal mechanisms for reporting and investigating bullying at work would be introduced, and the Equality and Human Rights Commission would be given powers to investigate claims of bullying cultures and to take enforcement action if appropriate.

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According to the CIPD, 15% of the UK workforce has experienced bullying at work. Acas has estimated that conflict at work costs UK businesses £28bn each year.

Rachel Maskell, Labour and Co-operative MP for York Central, presented the private members’ bill and has received cross-party support.

Maskell said: “Workplace bullying stories are never far from the headlines, with problems reported in the civil service, the media, the business community, and – of course – here in Westminster.

“Bullying not only causes stress and trauma to all those affected, but the damage it creates adds pressure to our NHS and puts more strain on our already fragile economy. Since becoming an MP I’ve had countless bullying cases and – as things stand – I’ve found there is often very little that can be done to help.

“For far too long, bullying at work has been accepted as part of our working culture, but people across the country want this to stop. By providing a positive legal framework, my Bullying and Respect at Work Bill will start to deliver the legal and cultural change we urgently need to create more positive workplaces and to help stamp out bullying at work.”

For far too long, bullying at work has been accepted as part of our working culture, but people across the country want this to stop.” – Rachel Maskell MP

Richard Fox, senior consultant in the employment team at law firm Kingsley Napley said: “In a sense this is lancing the boil that has existed for a long period of time. Despite all the worker protection legislation that has built up over many years, there has never actually been an Act which outlaws bullying per se or clarifies what exactly it is.

“Although we still await the detail, if, amongst other things, this Bill proposes a legal definition of bullying, it would be a big step forward for both employers and employees. The present government has shown it is prepared to adopt private members bills to bring in new employment legislation and many will hope this will happen in this case.”

Nicki Eyre, director of workplace bullying consultancy Conduct Change and campaigner for Stop Hurt at Work, said bullying needed to be recognised within UK legislation.

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She said: “While enacting laws alone cannot completely solve the problem, it is crucial to bridge the gap in current legislation. By doing so, I believe that the law can serve as a powerful deterrent against workplace bullying, offering much-needed clarity for employers on their responsibilities and obligations.”

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Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

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