If you are unhappy at your job and feel you have been a victim of bullying at work, you may be able to take legal action against your company for failing to protect you or even in some cases against your aggressor. Here our employment law specialists outline this area of law and what actions can be taken.
What Does the Law Say About Harassment at Work?
The Equity Act 2010 protects employees from harassment and bullying in the workplace by both employers and colleagues where it relates to a protected characteristic. This can include anything from jokes made in bad taste to being verbally abusive and using threatening behaviour.
By law, your employer has a duty to take steps to prevent and address harassment in the workplace, as well as on work-related outings such as meetings, training days and socials.
It is important to know, if you are harassed by a customer or client, your employer is not responsible. If you complain and nothing is done about it though, they could become liable for failing to protect you.
Reasons for Bullying and Harassment Recognised by the Equality Act
Legislation dictates that harassment at work is unlawful discrimination if it is related to the ‘protected characteristics’ set out in the Equality Act, such as:
• Age
• Disability
• Gender
• Race
• Religion or beliefs
• Sex (including pregnancy or maternity related issues)
• Sexual orientation
How to Take Action
Harassment could lead to a breach of your contract of employment, as well break health and safety laws, therefore, you may be able to make a claim in an employment tribunal against an employer and colleague. However, if your employer can show they have taken reasonable steps to stop this behaviour, they won’t be deemed responsible and compensation can only be claimed from your colleague.
A sensible first step is to keep a diary or record of this harassment, including the date, time and location of incidents, alongside what was said and done, and whether there were any witnesses. You should then talk to your manager or to Human Resources.
The next step is to make a formal complaint or to raise a grievance. If this is not dealt with, you can then commence ACAS Early Conciliation, as a precursor to bringing a claim in the employment tribunal – you must start this process within 3 months less one day of the last of the relevant behaviour.
Although it is a rare occurrence, if you feel you must resign because of harassment, you may be able to claim for unfair constructive dismissal. We would recommend speaking to one of our employee harassment solicitors before doing so, as not everyone has the right to this kind of claim.
In extreme circumstances, you may also decide to inform the police of a hate crime. Harassment can be a criminal offence and a civil action may be brought under the Protection from Harassment Act 1997, therefore someone can be prosecuted in court if their behaviour has caused you extreme distress or alarm.
Exercise Your Rights
Being bullied or harassed is never acceptable. To learn more about what constitutes harassment in the workplace and to take action, get in touch with our employee harassment solicitors by calling 0808 178 2773.
