Topics

Bullying and harassment

Fiona Cuming

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.

New and updated

  • Date:
    6 December 2024
    Type:
    Commentary and insights

    Employment Rights Bill: 10 key policies employers must revamp

    The Employment Rights Bill packs 28 imposing employment law reforms into its 158 pages. While HR professionals await the substantive details needed to flesh out the Bill, we outline the key policies that you will need to update and an overview of what those updates might involve.

  • Type:
    Legal timetable

    Employer liability for third-party harassment

    The Employment Rights Bill includes provisions to introduce employer liability for harassment by third parties, and strengthens the duty to prevent sexual harassment.

  • Type:
    Employment law guide

    Harassment

    Updated to reflect that the duty to take reasonable steps to prevent sexual harassment came into force on 26 October 2024.

  • Date:
    24 October 2024
    Type:
    Podcasts and webinars

    Webinar: Employment Rights Bill - how HR can get ahead of the changes

    In this webinar, Brightmine legal editors Stephen Simpson and Zeba Sayed explain what the changes are going to be, what employers can do now to begin preparing and the potential timelines for implementation.

  • Date:
    24 October 2024
    Type:
    Podcasts and webinars

    Podcast: Sexual harassment in the workplace - legal changes, generational shifts

    With changes to the law regarding sexual harassment in the workplace coming into effect this autumn - and further changes promised in the Government's Employment Rights Bill - we are joined by Lisa Bell from Tell Jane to discuss the new legal duty on employers, the impact of technology and generational shifts in attitude.

  • Type:
    Leading practice guides

    Building a working environment free from harassment and sexual harassment: Handling complaints effectively

    This series of Leading practice guides looks at how to create a working environment free from all forms of harassment and why HR and the organisations they represent need to prioritise this issue. In this final guide we explore what to consider when setting up procedures to respond to complaints of harassment and sexual harassment, including conducting investigations and supporting the victim.

  • Type:
    Leading practice guides

    Building a working environment free from harassment and sexual harassment: Reporting procedures

    This series of Leading practice guides looks at how to create a working environment free from all forms of harassment and why HR and the organisations they represent need to prioritise this issue. While many organisations already have an established procedure for employees to report harassment, harassment and sexual harassment is still underreported. In the third guide in this series, we look at the factors to consider when implementing reporting procedures that will inspire confidence in the organisation and encourage people to report incidents of harassment.

  • Type:
    Leading practice guides

    Building a working environment free from harassment and sexual harassment: Practical steps to creating a harassment-free environment

    This series of Leading practice guides looks at how to create a working environment free from all forms of harassment and why HR and the organisations they represent need to prioritise this issue. In this second guide, we look at what steps employers should take to fulfil their duty to take reasonable steps to prevent sexual harassment.

  • Type:
    Leading practice guides

    Building a working environment free from harassment and sexual harassment: What is harassment and what impact does it have on the workplace?

    This series of Leading practice guides looks at how to create a working environment free from all forms of harassment and why HR and the organisations they represent need to prioritise this issue. In this first guide we explore what harassment and sexual harassment is, employers' legal obligations around harassment, including the duty to take reasonable steps to prevent sexual harassment, and the critical nature of addressing this issue for HR and their organisations.

  • Date:
    18 October 2024
    Type:
    Survey analysis

    Employment Rights Bill research 2024

    The first draft of the Employment Rights Bill was published on 10 October - just ahead of 100 days into the new Labour Government. We take an early look at how HR is reacting to the changes included in the Bill.

About this topic

HR and legal information and guidance relating to bullying and harassment.