Bullying and harassment
Editor's message: Bullying and harassment remains a problem in the workplace despite ever-increasing media attention. Organisations should aim to promote a workplace culture where bullying and harassment are unacceptable.
Bullying and harassment can erode an employee’s confidence, self-esteem, health and wellbeing. Bullying and harassment can also have a major impact on an organisation, affecting both the performance and the morale of the workforce.
Unlike bullying, harassment is unlawful under the Equality Act 2010 if the harassing behaviour is related to the protected characteristic of sex, gender reassignment, race, disability, age, sexual orientation or religion or belief.
And don't forget that the new positive duty, in force from 26 October 2024, requires employers to take reasonable steps to prevent sexual harassment from occurring in their organisation. As expected, the Employment Rights Bill, introduced to Parliament on 10 October 2024, will expand this duty and require employers to take "all" reasonable steps.
The Employment Rights Bill also introduces employer liability for third-party harassment of employees, where the employer has failed to take all reasonable steps to prevent this. It is not known exactly when the measures under the Bill will come into force but you should start planning for them now.
If your organisation does not enforce procedures to identify and deal with bullying and harassment, you will have problems with retention, as well as an exposure to legal claims.
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HR and legal information and guidance relating to bullying and harassment.