Anxiety, shame, loneliness and suicidal thoughts. As a workplace representative for GMB Union, these are just some of the ways in which I’ve heard members describe the impact workplace bullying has on their lives. 

You would be hard pressed to find an employer, worker or politician who didn’t acknowledge that bullying is a serious workplace health, safety and dignity issue.

It’s well-established how painful bullying can be for the victim, and we all recognise the consequences it has for wellbeing, retention and organisational culture.

Despite our collective understanding of the impact of bullying, there is currently no statutory legal definition of workplace bullying in UK law.

Unlike sexual harassment, which is legally defined under the Equality Act 2010, bullying that is not linked to a protected characteristic has no legal standing.

Practically-speaking, what this means is that victims of bullying are forced to rely on harassment law or to resign and claim constructive dismissal.

Both are inadequate routes to address bullying in the workplace, as they place the onus on the victim to either pursue a case via laws not designed for their specific situation, or to leave their job.

If victims of bullying pursue a complaint outside of legal frameworks, they are entirely at the mercy of their employer, and members have told us that reporting bullying concerns can feel risky, due to fears of retaliation or disbelief.

One member told us that they felt 'powerless' to address the bullying they experienced after the managers they informed failed to take any action.

They felt that the lack of statutory definition of bullying 'makes it easier for managers to ignore complaints and protect bullies.'

In the event that a victim’s complaint is properly investigated, the process can often be frustratingly opaque.

Another member told us that they felt 'kept in the dark about how my complaint was handled. I was told the outcome, but I was not informed about any subsequent steps that would follow for the perpetrator.'

They believe that a legal definition of bullying 'would give victims more confidence to come forward and help make the process for dealing with complaints more transparent.'

Part of the problem for both employers and employees is that bullying can be hard to define, involving both subjective experience and objective assessment of behaviour.

This can cause victims to second guess themselves as to whether what they have experienced reaches the threshold of bullying and can cause challenges for even the most well-intentioned employers when it comes to investigating complaints and dealing with perpetrators.

A statutory definition would provide employers, unions, and employees with some much-needed clarity and consistency.

Embedding bullying within statute law - including as part of the Equality Act framework and Employment Rights legislation – would introduce a clear legal route for redress, shifting the burden away from subjective interpretations and ensuring fair, consistent, enforceable protections for workers.

Bullying is a blight on individuals and workplaces and addressing it cannot be left to the discretion of managers any longer.

There needs to be a fundamental shift of what we want and what we should expect from our working lives and relationships.

 

Diane Timmins is a GMB Union branch president and regional committee member

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