BBK Manifesto 2026: Legally define workplace bullying | Our Insights

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BBK Manifesto 2026: Legally define workplace bullying

Workplace bullying remains a significant issue across the UK, yet unlike discrimination and harassment, it still has no standalone legal definition. As a result, employees subjected to persistent intimidation, humiliation or undermining behaviour often find themselves without a straightforward legal remedy. Our Manifesto for Injured People urges reform because this gap in the law leaves many workers inadequately protected and creates uncertainty for employers trying to manage workplace conduct. 

Currently, employees who experience workplace bullying generally have limited options. They may resign and pursue a constructive dismissal claim, bring a discrimination claim if the treatment relates to a protected characteristic, or seek compensation through the civil courts for injuries caused by the bullying.  

In some cases, claimants rely on the Protection from Harassment Act 1997. However, that legislation was originally introduced to tackle stalking and harassment rather than workplace bullying and is not ideally suited to addressing toxic workplace cultures. 

More protection against harassment – but not bullying

The legal position is becoming increasingly difficult to justify. Employment law has evolved significantly in recent years regarding workplace harassment, but not for bullying. The Employment Rights Act 2025 introduced stronger protections against workplace harassment and from October 2026, employers will be required to take “all reasonable steps” to prevent workplace sexual harassment and harassment by third parties such as customers and clients.  

While these reforms are welcome, they leave many bullying victims without equivalent protection. An employee who is regularly belittled by a manager, deliberately excluded from meetings, subjected to excessive criticism or given unmanageable workloads may still have no direct statutory claim unless the conduct can be linked to discrimination or causes a recognised psychiatric injury.  

We see clients who are subjected to campaigns of severe bullying. In today’s hybrid work environment, some forms of bullying can be less visible, as there isn’t the same office environment and scrutiny. This can allow toxic cultures to fester and go unchecked. 

How bullying laws could change

There has been support for changing the legal position on bullying. One notable proposal is Rachael Maskell MP’s Bullying and Respect at Work Bill, which would introduce a statutory definition of workplace bullying, create a Respect at Work Code and allow bullying claims to be heard by Employment Tribunals.  

The Bill would also give the Equality and Human Rights Commission powers to investigate organisations where there is evidence of systemic bullying. However, the Bill has made no further parliamentary progress since its first reading in October 2024. 

It’s important to note the UK would not be breaking new ground by introducing such measures. Other countries already provide clearer protections. For example, Dutch legislation recognises workplace bullying as repeated and systematic behaviour intended to intimidate or exclude an individual. These frameworks help both employers and employees understand what constitutes unacceptable conduct and what action should follow when standards are breached. 

The human and business cost of workplace bullying

The need for reform is clear when considering the scale of the problem. Research consistently shows that workplace bullying affects a substantial proportion of the workforce. Recent evidence also suggests many employees lack confidence in how organisations handle complaints. The Chartered Institute for Personnel and Development (CIPD) found 15% of workers reported experiencing bullying in the previous three years, while many employees believed concerns about bullying and harassment were often ignored or inadequately addressed. More than half of those affected chose not to report the most recent incident. 

The impact extends far beyond the individual. Workplace bullying can contribute to anxiety, depression, stress-related illness and long-term career damage.  

For employers, the consequences include increased absenteeism, reduced productivity, poor staff retention and reputational harm. Recent high-profile reviews across sectors including healthcare, media and financial services have highlighted how cultures of intimidation can undermine both employee wellbeing and organisational performance. 

A statutory definition of workplace bullying would not eliminate the problem overnight. However, it would provide much-needed clarity, establish consistent standards and give workers a clearer route to justice.  

As workplace protections continue to evolve, bullying should no longer remain a blind spot in UK employment law. Stronger protections are not only sensible from a business perspective; they are also essential to creating respectful, healthy and productive workplaces for everyone. 

This blog is part of our 2026/27 Manifesto for Injured People. At Bolt Burdon Kemp, we support injured people not only by winning their cases but by driving positive change. Guided by our clients’ experiences and partnerships with charities across the UK, we are raising awareness of the changes needed to better support injured people. We will continue working with politicians from all parties to ensure injured people’s needs are not overlooked in Westminster or beyond. You can read our full manifesto here.  

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