Employers and those who advise them are having to deal with an ever-increasing number of complaints of bullying and harassment made by employees and other workers. Whether such conduct has become more frequent in recent years – or whether staff perceptions of what amounts to bullying or harassment have shifted – is a controversial point; what is certain is that complaints have become more common. But this increase in complaints has brought a number of problems into strong relief: European Union (EU) directives designed to protect employees have not been properly translated into UK law and there has been an rise in the number of spurious claims.
The UK has enacted legislation intended to implement EU directives which, for the most part, has created specific statutory torts of sexist, racist, homophobic and disability-related bullying and harassment. This legislation was intended to comply with the UK’s obligations and provide legal protection, which existing discrimination legislation did not.
