The Studies of Legal Framework between Malaysia and the United Kingdom in Combating Bullying among Junior Doctor

Abstract

This research critically examines the adequacy of the legal framework in Malaysia in addressing workplace bullying among junior doctors and draws comparative insights from the United Kingdom's legal and institutional measures. Bullying in medical settings, particularly during early career stages, has emerged as a serious concern with detrimental effects on mental health, job satisfaction, professional development, and patient care. Despite growing awareness, underreporting, fear of retaliation, and hierarchical power dynamics continue to hinder effective prevention and resolution in Malaysia. Through an in-depth literature review, analysis of statutory and subsidiary legislation, and a comparative study of healthcare governance structures, the research finds that Malaysia's existing legal instruments, such as the Occupational Safety and Health Act 1994, Employment Act 1955, Code of Professional Conduct 2019 and Good Medical Practice 2019 offer only indirect protections and lack specificity, enforcement, and healthcare-centric orientation. In contrast, the United Kingdom adopts a multi-tiered strategy integrating the Equality Act 2010, Protection from Harassment Act 1997, Worker Protection (Amendment of Equality Act 2010) Act 2023, Freedom to Speak Up Policy, Institutional Safeguards, and Professional Codes of Conduct enforced by the General Medical Council. These mechanisms promote a culture of transparency, protect whistle-blowers, and hold leadership accountable. The research concludes that Malaysia requires a comprehensive policy overhaul, including the enactment of specific anti-bullying legislation, the establishment of independent reporting mechanisms, mandatory training for senior doctors, and cultural reform within healthcare institutions. By drawing on the UK's best practices while adapting to local contexts, Malaysia can create a safer, more supportive working environment for junior doctors, ultimately improving healthcare delivery and patient outcomes.