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• The Bullying and Respect at Work Bill is still in the very early stages and could change from its current form should the Bill becomes law.
• The Bill aims to legally define bullying; introduce a statutory respect at work code; and allow employment tribunals and the Equality and Human Rights Commission (EHRC) to act against employers who don’t adhere to workplace standards.
• Employers can prepare for what’s to come by reviewing their policies and providing specific staff training.

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Bullying at work can be the difference between a staff member staying at or leaving a company. The long-drawn-out Bullying and Respect at Work Bill aims to address this by defining the terms of workplace bullying more clearly.

We’re plunging into the Bullying and Respect at Work Bill to find out what it could mean for your business.

What is the Bullying and Respect at Work Bill?

The Bullying and Respect at Work Bill was first proposed in 2023, and with a second reading due on January 9 2026, progress is slow. It could very well change from its current form, especially if there are further delays. To pass into law at all, it must get some major support behind it – and fast.

Here’s what the Bill aims to do:

Clarify what workplace bullying is

As we’ve said, it aims to clarify what workplace bullying means when it targets one of the protected characteristics – including race, sexual orientation and disability – separate to harassment.

This is because employees who endure persistent bullying behaviour from their colleagues have no legal protection to help them feel safe in the workplace.

The definition is expected to include behaviour that is ‘offensive, intimidating, malicious or insulting’ – especially if there’s an abuse of power involved that undermines or humiliates the bullied person.  

Create an anti-bullying culture

The passing of this report is hoped to build a culture of respect in the workplace and ensure bullying is taken seriously.

Statutory Respect at Work Code

This is to be developed and monitored by the Equality and Human Rights Commission. The Code would provide guidance on how to identify, prevent and address bullying in the workplace to mirror codes on harassment and equality.

The employment tribunal would be inclined to take the code into account during legal proceedings, giving it more heft in the eyes of the law. The tribunal also have a say as to whether the employer in question is providing a safe enough workplace and hand out compliance notes for consistent non-compliance.

How will the Bill affect my business?

It could increase your chances of landing in an employment tribunal, though increased pressure on the system could see cases delayed. As it stands, an employee claiming unfair dismissal after reporting bullying would need to prove their employer was being unreasonable, and they’d need to have worked for their employer for two years. Under the new rules, the dismissal would be seen as unfair automatically, no matter how long the worker has been employed. The employer won’t be able to argue that they acted reasonably, either.

The EHRC could lay the smackdown in a few ways. As it can investigate an organisation’s company culture, it can issue formal notices to force you to take action in areas such as revising policies, providing training, changing your grievance procedures and proving that you’re in-line with the Respect at Work Code.

You’ll likely need more investment to redo your staff training and company policies. While we’re on finances, it’s worth checking if your existing insurance will cover what’s being proposed in the Bill, as some policies only cover incidents relating to harassment.

How can I start preparing?

Even though we’re far from the point of a formal law, it’s still wise to prepare now as there are concerns about a rise in disputes.

Markel Direct offers up the following tips:

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.

Read more

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3 things you need to know about whistleblowing – Whistleblowing can be terrifying if you don’t know your rights, here is everything you need to know about blowing the whistle