What are the key changes?
These updates introduce specific obligations and guidelines that employers must follow depending on their employee headcount:
All employers:
- Must take active steps to prevent bullying
- Should respond promptly whenever a possible case comes to light
10+ employees:
- Have a clear complaints procedure in place
- Make sure all employees are aware of the procedure and know how to make a complaint
30+ employees:
- Establish and publish written policies covering:
- Bullying prevention measures
- How to raise a complaint
- How investigations are conducted
- Disciplinary rules
- Designate a responsible team to oversee compliance
- Form a complaints handling team made up of at least three people, with each gender forming at least 1/3rd of the team
- Deliver anti-bullying training to all employees
100+ employees
- For every complaint received, form a dedicated investigation team within 15 days
- The team must have at least three members, with at least half being external professionals
- Gender balance applies – with each gender making up at least 1/ 3rd of the team
- Internal team members must be trained
Penalties for non-compliance can include company fines, personal fines on individuals, and civil or employment claims.
What should Employers do now?
- Check your employee headcount and confirm which guidelines apply.
- Put a policy in place – Adopt a compliant policy covering all required elements, and display complaints channels to employees clearly.
- Set up the right structure – Designate a responsible team to deal with complaints, establish a complaint handling team, train managers and identify qualified external investigators in advance.
- Document the process - Ensure all investigation procedures are written down, properly recorded, confidential, and supported by accurate records to protect both employees and the business.
If you need any support navigating these changes, please get in touch with a member of the MDR ONE team.
