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Laws and Legislation
Human rights in the workplace
Human rights are the basic rights and freedoms that belong to every person in the world. They are based on important principles like dignity, fairness, respect and equality. Your human rights are protected by the law. If your employer is a public authority, they must follow these principles.
The Bullying and Respect at Work Bill recognises that legislation is needed to protect individuals whilst also empowering employers to challenge and bring about positive change in the workplace.
New definition of bullying
According to ACAS bullying may include “unwanted behaviour from a person or group that is either offensive, intimidating, malicious or insulting or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone.” The Bill would clarify the position by creating a statutory definition of bullying.
The Bill also includes the introduction of a Respect at Work Code. This Code would outline minimum standards of acceptable behaviour at work and how employers should manage bullying in the workplace.
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Tribunal claims
Workers currently cannot bring a claim based solely on bullying in the Employment Tribunal. A worker who is a victim of bullying may be able to bring a claim for harassment or discrimination if they can show that the bullying is connected to a protected characteristic under the Equality Act 2010, such as gender or sexuality. This leaves many workers unprotected.
Another potential avenue for an employee who has experienced bullying at work is to resign and claim constructive unfair dismissal. However, this is also an inadequate remedy as it is only available to employees (not workers), and an employee would need at least two years’ service and would need to resign before being able to bring a claim.
The Bill would enable workers to bring a claim related to bullying in the Employment Tribunal. The protection afforded would be similar to that provided for harassment, but the bullying would not need to be related to a protected characteristic. Workers would be able to claim compensation if their employer has failed to protect them from bullying or has dismissed them for reasons related to bullying.
Enforcement measures
In order to help eliminate toxic workplace cultures, the Bill would give powers to the Equality and Human Rights Commission (EHRC) to investigate and issue enforcement notices against businesses where bullying is found to be present. It is hoped that extending the powers of the EHRC this way will create a positive influence on workplace cultures where bullying is common.
What should employers do now?
As of writing the Bill has only completed its first reading in the House of Commons with its second reading scheduled for November 2023. If the Bill does pass we can expect some amendments will be made to it before then. However, this does not mean that employers can afford to ignore bullying in their workplace in the meantime. Bullying hurts businesses. It can cause poor mental health, increased stress, and may lead workers to take time off sick. Employers should take bullying seriously and work with management and staff to foster a workplace culture where all individuals are valued and respected.
All employers should have an anti-bullying policy in their workplace. This policy should set out a clear definition of what is considered bullying at the business, and the standard of behaviour which is expected of staff. There should be a clear route for workers to report any instances of bullying, and how such complaints will be handled. These procedures should be regularly reviewed and managers should be properly trained on how to receive and investigate an allegation of bullying.
Bullying behaviour thrives when others are either too scared or too apathetic to challenge it. Employers and managers must break cultures of silence in their organisations by making their anti-bullying stance clear and by encouraging workers to report any bullying behaviour they witness, regardless of whether the worker was the intended “target”.