In July the newly proposed Bullying and Respect at Work Bill had its first formal reading in the House of Commons.
If introduced, this new bill will introduce a statutory definition for bullying which, in turn, will give employees the right to make a standalone claim if they have been a victim of bullying in the workplace, by implanting a clear legal framework.
The bill intends to set a parameter for a minimum standard of respect within a professional environment.
This comes after decades of trade unions and solicitors calling for a legal definition of bullying to be introduced to protect employees.
A widespread problem
Although the workplace is intended to be a professional environment, 29% of workers have experienced bullying at work according to TUC reports, with one in ten experiencing bullying in the last six months.
Shockingly 53% of people who have been bullied at work do not report it, Rachel Maskell, Labour MP, stated in a speech calling for change on workplace bullying.
Alleged claims will need to be thoroughly investigated. If necessary, this could include bringing in an independent investigator.
Bullying is usually considered to include harmful, targeted behaviour that may be spiteful, offensive, mocking or intimidating.
Findings show that bullying takes on many forms over a wide spectrum of behaviour from extreme forms of intimidation, such as violence, to less obvious forms, such as inappropriate joking or ignoring someone.
Introducing legal protections
Bullying not only affects a person’s life at work, but many other aspects of their life. It has a significant impact on how someone performs at work.
The Bullying and Respect Bill, if introduced, will not just implement a legal definition of bullying, but will also provide strict guidelines that businesses will need to comply with to prevent bullying in the workplace.
The Equality and Human Rights Commission (EHRC) will be given rights to investigate workplaces that have had multiple allegations made against them. If the EHRC investigation finds that the business is not acting in line with the bill, they will be able to take enforcement action.
Therefore, it’s important for businesses to be proactive and put internal mechanisms in place to report and investigate any allegations of bullying. Alleged claims will need to be thoroughly investigated. If necessary, this could include bringing in an independent investigator.
Although there is currently no legal obligation for an employer to have a policy in place to protect their employees from bullying, it is advisable to do so.
Mitigating the cost of workplace bullying
A report by ACAS found that workplace conflict costs UK businesses over £28 billion per year, highlighting the severe impact of bullying.
Employers need to create a culture where everyone in the workforce feels comfortable to come forward and call out bad behaviour, including bullying.
Employers have a duty of care to all employees, so make sure that any sensitive situations are dealt with in a confidential manner.
There should be a zero-tolerance policy for any form of harassment or discrimination, and everyone should feel included and accepted regardless of gender, sexuality, religion, or race.
Everyone should be aware of what the policy entails, so bullies are deterred, and employees feel protected.
Anti-bullying training and support
As well as a policy, it’s also beneficial to carry out regular training on discrimination, harassment, and professionalism in the workplace to keep employees up to date and ensure they fully understand the behaviours that you expect in your workplace.
These provisions are not a foolproof way of making sure bullying doesn’t take place, however. You will also need to have strict disciplinary measures in place to deal with any unprofessional behaviour.
Support should be offered to any member of staff who has reported bullying or harassment, to ensure their mental wellbeing.
Employers have a duty of care to all employees, so make sure that any sensitive situations are dealt with in a confidential manner.
Discretion is important; nobody likes to feel as if they’re the subject of gossip between colleagues.
Cultural impact
There are many ways that employers can support an employee who has been the victim of workplace bullying, including regular check-ins, counselling, and sabbatical leave if necessary.
Any adjustments that would make their time easier at work should also be made, for example, ensuring both parties do not have to work together on the same team.
The introduction of the new bill could give employers a much more robust framework for dealing with bullying in the workplace.
If employers do not act when they are notified of bullying allegations, it will not only be demoralising for the victim but also create a tumultuous environment for the wider team if they are witnessing the behaviour.
If a negative atmosphere is allowed to fester for an extended amount of time it can damage the business’ reputation, and impact on recruitment and retention.
The situation as it stands
Currently there is no specific way to make a standalone claim for bullying, but claims can be brought to the Employment Tribunal under constructive unfair dismissal claims, if an employee has had more than two years’ service.
This lack of recourse can make it difficult to find a resolution, especially given the current absence of a legal definition for bullying.
Employees that have characteristics that are protected under The Equality Act 2010 including gender, age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, religion and belief, sex and sexual orientation that have been treated less favourably because of their protected characteristic can make a claim for discrimination.
The introduction of the new bill could give employers a much more robust framework for dealing with bullying in the workplace – HR professionals will no doubt be eagerly awaiting the outcome of this process.
If you enjoyed this, read: Five ways HR leaders can help banish a bullying culture.
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