Harassment
Harassment in employment law
Bullying and harassment at work are regrettably a common occurrence. There are legal, business and moral grounds why such conduct should not be tolerated by an employer.
The Equality Act has codified other pre-existing laws on harassment at work and under this legislation it is unlawful for there to be harassment on the grounds of sex, race, disability, religion, sexual orientation or age.
Employment law definition of harassment
Harassment is defined as any unwanted conduct related to the categories described above which has the purpose or effect of either:
- Violation of the dignity of an individual
- creating an intimidating, hostile, degrading, humiliating or offensive atmosphere for an individual
Examples of harassment
- sexual harassment generally including unwanted physical contact or advances, circulation of pornographic materials or lewd behaviour
- embarrassing or otherwise offensive jokes
- Racist or homophobic or ageist or religious comments
- lewd comments and innuendo
- Many cases have included offensive emails and text messages and activity which does not necessarily occur in the office such as at Christmas parties
Effects of an employer failing to take steps to prevent harassment
- Damages claims
- Poor staff performance
- Bad staff morale
- Staff absences and departures may increase
- Possible damage to commercial reputation.
Note : the employer can be responsible, by way of vicarious liability, for actions of employees it was unaware of if there was a failure to take reasonable steps to prevent harassment – therefore employment policies and procedures and the correct attitude are very important.
Legal position on bullying
Bullying does not have a statutory legal definition, unlike harassment, it is in reality a sub-area of the law of harassment and is not an actionable employment law claim of itself. When claimed as part of a harassment claim it is generally described in terms of offensive, insulting, humiliating or demoralizing behavior which frightens or threatens the victim, either physically or mentally.
As an employee if you feel that you are suffering harassment or bullying it is important that you document this where possible, raise the issue with your employer in accordance with the employer’s harassment policies (if any) or general contract or staff handbook. If this fails to deal with the issue, please do get in touch and we can advise you on your options.