Workplace bullying has been a grey area in UK employment law for some time. While harassment linked to protected characteristics, such as age, disability, race, sexual orientation, and others, is covered under the Equality Act 2010, employees who experience workplace bullying that falls outside of discrimination currently have no legal standing to make a claim.
However, the newly proposed Bullying and Respect at Work Bill aims to change this by introducing a statutory definition of bullying, creating a Respect at Work Code, and granting the Equality and Human Rights Commission (EHRC) greater enforcement powers.
Rob Rees, Divisional Director of Markel Direct, specialist insurer of small businesses, explains what the proposed Bullying and Respect at Work Bill is, who the Bill will impact, and how business owners can prepare for implementation.
What is the Bullying and Respect at Work Bill?
The Bullying and Respect at Work Bill is a Private Members’ Bill introduced by Labour MP Rachael Maskell (York Central) around late 2023. It is currently advancing through the 2024–26 Parliamentary session. The aim of the bill is to legally define what “workplace bullying” constitutes. This will, in turn, enable claims of bullying to be considered by Employment Tribunals, and help to establish a Respect at Work Code with minimum conduct standards, while granting the EHRC the authority to investigate workplaces where bullying culture is evident, and take enforcement action.
Current legislative status today
The legislation has passed a first reading in the House of Commons (2024), and the second reading is due to take place on Friday 9th January 2026. However, it has been pushed back previously, so it could face further delays.
This Bill remains in its early legislative stages, therefore its passage to law is not assured. Being a Presentation Bill, it faces significant hurdles to becoming law unless it gains broad, rapid support.
Who would be impacted by the Bill?
Employees
Those without protected characteristics, who currently have no statutory protection, would gain the right to bring claims for bullying. This will include behaviour or actions that are deemed offensive, intimidating, humiliating, degrading, or hostile, even if not tied to discrimination.
It will also change the way dismissals are handled. Currently, if an employee complains about bullying and is dismissed as a result, they must prove that the employer acted unfairly; this must happen within three months, and they must have worked for the company for at least two years.
Under the proposed Bill, if an employee is dismissed because they are experiencing or reporting bullying, the law will deem this as automatically unfair. This means that the employee doesn’t need to have worked for the company for 2 years, and the employer cannot argue that they acted reasonably.
Employers
Employers are the other main party impacted by this proposed law. They will need to review and strengthen existing policies, including introducing a standalone Respect at Work policy. This would ensure that issues like bullying are addressed distinctly, rather than being grouped under broader harassment or discrimination policies. This is due to several reasons:
- Different legal basis: Harassment and discrimination are already defined in the Equality Act 2010 and relate to protected characteristics (e.g. race, sex, age). Bullying, however, is not currently defined in law, so the Bill would introduce a statutory definition of bullying that stands on its own, away from harassment and discrimination. This means that employers will need a new policy that directly addresses bullying as per the new definition.
- Respect at Work code compliance: As part of the Bill, there will be an established Respect at Work code, which will set the minimum standard for behaviour, reporting and response to cases of bullying in the workplace. Tribunals will likely use this code to judge whether an employer acted reasonably. A dedicated policy will enable companies to demonstrate compliance with the code and show their commitment to taking bullying seriously as a separate risk.
- Clearer communication to staff: As bullying will have a new definition away from harassment, some employees may not realise that they are protected, unless their complaint is directly tied to discrimination of one of the protected characteristics. A standalone policy makes it clear to employees what constitutes bullying, how to report it, and what the process and consequences are. This clarity will help employees feel safe and reassured when reporting.
- Risk management: Having a robust bullying policy will also mitigate the risk of tribunal claims as it helps employers prove they did everything possible to prevent and address bullying. This then makes it less likely that an employee will feel the need to pursue a tribunal claim, and if they do, it gives the employer a stronger defence.
Another significant shift proposed in the Bullying and Respect at Work Bill is that it would give the Equality and Human Rights Commission (EHRC) stronger powers over workplace bullying. They could be given the power to investigate not only individual complaints but an organisation’s culture, and post-investigation, the EHRC could issue formal notices requiring organisations to take corrective action, such as:
- Revising policies
- Running staff training
- Overhauling their grievance procedures
- Proving compliance with the Respect at Work code.
Failure to comply could see companies suffering penalties and further legal action.
Employers also need to consider their insurance policies; if this bill becomes law, they will need to ensure their policies cover claims of workplace bullying. Currently, most legal expenses insurance covers defence against allegations of discrimination, while not explicitly including bullying, meaning employers may face exposure if policies are not updated to reflect the new risks.
How business owners can prepare
As the Bill is in the very early stages of its legislative journey, companies don’t have to do anything yet. However, before the Bill becomes law, best practice suggests that employers could start to proactively position themselves in readiness. Suggestions include:
Update policies
Start to develop a dedicated Respect at Work policy, clearly defining bullying and articulating expected conduct and repercussions. Although the definition in the final law may differ, employers could reference the law but not hard code it yet. For example, a proactive policy could state:
“For the purposes of this policy, bullying means unwanted behaviour that undermines, humiliates, or intimidates someone. This policy will be updated to reflect any statutory definition introduced by law or guidance.”
This provides flexibility to amend the wording later.
The policy should also aim to focus on behaviours employers want to stop, such as intimidation, exclusion and verbal abuse, rather than just relying on the legal definition.
Train and educate
It is important to ensure managers and supervisors are trained to spot the signs of bullying, including early warning signs (e.g. isolation and exclusion) and that they are taught how to handle complaints sensitively, ensure confidentiality, and avoid retaliation.
Internal investigators/ HR personnel should also be trained on how to conduct impartial investigations, unbiased interviewing techniques, documentation and reporting, and be educated on how to distinguish between substantiated and unsubstantiated complaints.
There should also be a company-wide training session to raise awareness, so that all employees can learn to recognise what behaviour is unacceptable, what constitutes bullying, and the process for reporting this behaviour.
Enhance grievance procedures
Companies should also ensure that their complaints framework is structured, if it is not already, moving away from any informal or inconsistent handling to a more transparent process. This should include standardised templates for recording complaints and investigations, clear timelines for each stage to avoid delays, strict confidentiality protocols and impartial investigation procedures that allow both parties to present their case.
A well-documented and fair process not only reassures employees that complaints will be taken seriously, but also provides employers with strong evidence of compliance if challenged before a tribunal or investigated by the EHRC.
Monitor organisational culture
As part of the Bill proposes giving power to investigate the overall culture of a business in response to bullying complaints, owners and leaders should monitor company culture closely. They should pay attention to the wide work environment and proactively identify signs of systemic issues. These signs can include high staff turnover, repeated bullying allegations, feedback in company surveys which indicate low morale or feelings of exclusion and patterns of sickness or absence.
Stay informed on developments
Lastly, it is important for employers to track the progress of the Bill, which you can do here. This way, internal strategies can be adjusted accordingly, such as those mentioned above.
Employers should also pay particular attention to any guidance published alongside the Respect at Work Code, as this will likely shape what tribunals and regulators expect in practice. If the EHRC’s enforcement powers materialise, businesses may face increased scrutiny for their overall workplace culture, not just for individual complaints, which makes it even more important for businesses to remain proactive and responsive to legislative changes.
For more business advice, visit the Markel Direct website.