What are the key changes?
A simpler definition of mobbing:
- Under the old definition, bullying had to involve harassment or intimidation that was both repeated and long term. The new definition removes the long-term requirement, and what matters now is repetition. A single, isolated incident is unlikely to qualify as mobbing.
- Mobbing will be understood as physical, verbal, or non-verbal, and it can come from anyone in the workplace, no matter their position or level of authority.
- It no longer matters whether the person intended to cause harm. Conduct can still count as mobbing even without any intention to humiliate, harass, or push the employee out of their job.
New forms of discrimination:
Two new discrimination definitions have been added strengthening protection against discrimination:
- Discrimination by assumption – where someone is treated unfairly because others wrongly believe they have a certain protected characteristic, such as a disability, a particular religion, or nationality, even though they don’t actually have it
- Discrimination by association – where someone is treated less favourably due to their connection with someone who has a protected characteristic.
Preventative action:
The law now requires employers to proactively prevent mobbing and discrimination – meaning they must systematically detect violations, ensure that complaints are handled properly, support those affected, and take corrective action where allegations are substantiated.
Higher financial exposure:
Successful discrimination claims can be awarded both damages and compensation up to three times the statutory minimum wage where a breach has occurred more than once.
Successful mobbing claims can be awarded compensation of a minimum of six times the statutory minimum monthly wage and damages (and to claim damages, employees no longer need to prove that the mobbing caused a significant deterioration to their health). Employers who are ordered to pay compensation for mobbing can seek reimbursement from the individual responsible, and courts will also consider whether other personal rights were breached.
What should employers do now?
- Action: All employers must familiarise themselves with the new rules and ensure that they take proactive measures to prevent workplace mobbing and discrimination.
- Mandatory policies: Employers with at least 10 employees must adopt or update their existing written anti-mobbing / discrimination procedures by 5 May 2027 for compliance with the new rules. Such procedures can either be in a standalone policy or incorporated into the employer’s work rules.
If you need any support navigating these changes, please get in touch with a member of the MDR ONE team.
