Workplace harassment
harassment in the workplace that your employer refuses to address?
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It is a fairly uncontroversial statement that people should have the right to work free from harassment or the fear of harassment, but when does inappropriate conduct actually become “harassment” and what can be done about it?
Most of us feel that we would know it when we see it, but workplace harassment has a legal definition that speaks about unwanted conduct that was the purpose of effect of violating a persons dignity of creating a hostile or intimidating environment. In the employment arena, in order to create a legal claim , the unwanted conduct must be perpetrated “because of” a protected characteristic. These protected characteristic are the same as those protected under discrimination law and well known ones are:
- Sex
- Race
- Disability
- sexual orientation
- Religion/religious belief
- Age
So, a legal claim for harassment in the employment field must be linked to a “protected characteristic”.
What if it the conduct is not linked to a protected characteristic?
There may still be something you can do about it (see below), but it may not immediately translate into a legal claim under employment law.
What should I do if I consider that I am being harassed?
Each case is different, but in most cases you would raise matters with your employer. Point out the person whose behaviour is unacceptable, whether this be a customer, a manager or one of your team. Try to come up with actual examples of such behaviour and explain the effect. In most cases, this should be sufficient and matters can often be sorted out on an informal basis.
What kind of things might be seen as harassment in the legal context?
Much depends on the purpose or effect of the actions rather than the actual description of the action itself. However, the following might qualify:-
- Touching, and bodily contact outside of normal bounds of workplace behaviour
- Swearing, shouting and verbal abuse
- Comments which make you feel uncomfortable (although this does depend on what has been said and these cases are rarely clear-cut)
- Text messages and cyber bullying
- Hurtful things said in emails
- Derogatory comments made on social media sites such as Face book (although these may be deemed to be outside of your employer’s responsibilities)
- Actions at a works event or Christmas party (normally seen as still the responsibility of the employer)
- Emotional blackmail
- Pressure exerted by your manager outside the bounds of normal work pressure, and for personal issues
What should I do if I have raised the matter informally but this has not helped?
This depends on what has happened. In most cases, you should consider raising matters formally through your employers grievance procedure. In larger organisations this procedure will be set out in writing and you may need to contact your HR department. Sometimes the grievance will involve difficult or sensitive matters and the matters that you may need to raise may concern your line manager or senior people within your organisation. You may need support through this process.
Once you have put your grievance in writing your employer would normally need to take steps to investigate the matter. Formal investigatory meetings may be held. You will usually be invited to a meeting to explain your grievance and respond to questions. You have the right to be accompanied at this meeting by a fellow work colleague or a trade union representative.
Once the matter has been investigated your employer should respond in writing to your grievance. There should also be a right of appeal.
Ultimately, if you have acted reasonably in exhausting all internal avenues then you may need to speak to an employment law solicitor to discuss your options. It is possible to apply to an Employment Tribunal to make a harassment claim. This could be a claim against both your employer and the individual concerned although normally your employer must be joined into the action. In general, employers are legally responsible for the actions of their employees.
Disclaimer – The contents of this page are provided for general guidance only and do not replace the need to obtain legal advice about any given situation.
