If you are the victim of bullying and harassment at work, it can have a detrimental effect on your whole life and outlook. Sometimes you can put up with a situation because you are too scared to raise the issue with your boss. Sometimes your boss may even be the cause of the problem.
But when you are subjected to unfair treatment at work, you don’t have to simply put up with it. Employment law can offer protection against bullying and harassment in the workplace. Our team has experience in helping employees to tackle difficult workplace issues. In some cases we can provide you with advice to help you assert yourself and get things sorted so that you are able to go to work and do your job without the fear and misery of bullying. In other cases, where things have gone badly wrong, we can help ensure that you receive sufficient compensation.
If you are suffering from bullying or harassment in the workplace, rather than sit worrying, why not take advantage of our 45-minute fixed fee employment consultation for £195.00. Call us confidence on 01827 317070 or email employment@pickerings-solicitors.com and we may be able to answer any niggling questions very easily.
Below are some common questions and answers that may help too.
What is harassment at work?
The terms bullying and harassment are often used interchangeably. However, in the Equality Act 2010, harassment has a specific meaning of:
‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.
It also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past.
Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. These are factors are known as protected characteristics.
However harassment is unacceptable even if it does not fall within these specific categories.
What are examples of harassment in the workplace?
The following are examples of harassment:
• continued suggestions for social activity after you have made clear that such suggestions are unwelcome;
• sending or displaying material that is pornographic or that some people may find offensive (including emails, text messages, video clips and images sent by mobile phone or posted on the internet);
• unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless);
• racist, sexist, homophobic or ageist jokes, or derogatory or stereotypical remarks about a particular ethnic or religious group or gender;
• outing or threatening to out someone as gay or lesbian;
• offensive emails, text messages or social media content
• mocking, mimicking or belittling a person's disability.
A person may be harassed even if they were not the intended "target". For example, a person may be harassed by racist jokes about a different ethnic group if the jokes create an offensive environment.
What is bullying at work?
Bullying is not specifically defined in UK law, but ACAS says bullying 'may be characterised as: Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient’.
Bullying can take many forms; sometimes it can be a colleague being overtly rude to you, but it can also be more subtle. Bullying can include the following:
Physical assault
Assault in the workplace occurs whenever someone is the victim of unwanted and inappropriate physical touching. Examples might be a punch, pinching, slapping, pushing, kicking, scratching, spitting on them, pulling their hair, stroking, kissing or hugging. The fact that it may be done in a playful or humorous way is irrelevant If the physical action is unwelcome.
Threat of violence
This may be a direct threat of violence or could be threatening or intimidation behaviours, such as such as shaking fists, destroying property, banging desks or throwing objects. Direct threats might occur when you witness misconduct in the workplace and the perpetrator threatens you with violence if you tell anyone.
Intimidation might also include speaking to you in a violent or aggressive manner.
Ridiculing
Someone may decide to make fun of you, your appearance or behaviour. This may have the effect of irritating you or undermining your confidence. An example of ridiculing or mocking someone would be to imitate them in a negative manner.
Insulting
A colleague may behave towards you in a way that humiliates you or that you find offensive.
Spreading malicious rumours and gossip spreading malicious rumours
Malicious rumours and gossip can have a negative effect in the workplace and undermine the victim’s authority and credibility. In some cases it can lead to absence as the victim struggles with anxiety and uncertainty.
In addition it can create a toxic environment with reduced levels of trust amongst colleagues, damage feelings and lower workplace morale.
Unfair treatment
There is a wide range of activity which may result in uneven treatment in the workplace. One example would be blocking access to overtime when it is offered to others.
Deliberately excluding someone from activities excluding and ignoring people and their contribution
Not talking to someone in the workplace is sometimes known as ‘sending them to Coventry’. Not speaking to a colleague can be a way of excluding or ostracising them and can make working life difficult and uncomfortable for the victim. If you are the victim of this treatment you may feel ignored, excluded, sidelined or dismissed by colleagues. Motives for this may be personal or professional, but regardless, this is a form of harassment.
Another way of excluding you might be to deprive you of information, leave you off email distribution lists etc , which can make it difficult for you to perform your role properly.
Victimisation
This is when a person (A) treats another person (B) unfavourably because A knows or suspects B has done or intends to do a protected act. Protected acts include bringing discrimination proceedings, giving evidence or information in connection with discrimination proceedings, making an allegation of unlawful discrimination, or doing anything else under, or by reference to, discrimination legislation.
Blocking promotion
If a colleague has taken a dislike to you or resents you in some way it is possible that they may actively block your progress and promotion.
Threatening job security when there is no justification for doing so
This kind of threatening behaviour can create unnecessary anxiety and uncertainty for the victim.
Being undermined by constant and deliberate criticism picking on or regularly undermining someone
Examples would be if you are overloaded with work, being set impossible deadlines by your manager and are subjected to persistent unwarranted criticism.
Bullying may include overbearing and intimidating levels of supervision or inappropriate derogatory remarks about your performance.
However, legitimate, reasonable and constructive criticism of a worker's performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.
Copying others in on critical emails and memos when there is no justifiable reason for doing so
Deliberately copying other into emails which are negative or critical can have the effect of undermining you in the eyes of colleagues.
Failure to safeguard confidential information
Whether deliberately disclosed or not, the leaking of your sensitive personal information can have negative and in some cases dangerous consequences.
Sexual harassment
A wide range of behaviour can come under this definition: sexual jokes or comments, remarks about someone’s body or appearance, displays of pornographic material, cat calls or wolf-whistling, flashing, sexual advances, stalking, groping, sexual assault, or rape.
The common factors are the effect that the conduct has on the victim, and that it is unwanted. Some forms of workplace sexual harassment can constitute a criminal offence.
Bullying by more junior colleagues
Bullying can also happen from staff towards a more senior employee, a manager or an employer (this can be called 'upward bullying' or 'subordinate bullying'). Examples might include showing continued disrespect, refusing to complete tasks and spreading rumours. Sometimes a colleague or group of colleagues might take actions to make you seem unskilled or unable to do your job properly and undermine your authority.
Am I being bullied at work?
Bullying can leave you feeling feel vulnerable, upset, humiliated, undermined or threatened. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation.
The bullying might be a regular pattern of behaviour or a one-off incident. It can happen anywhere - face-to-face, on social media, in emails or calls and may not always be noticed by others.
What can I do about Bullying and Harassment at work?
Give us a call in confidence. Our experienced team can advise on your rights in the workplace and the best way of dealing with it.
Why not take advantage of our 45-minute fixed fee divorce consultation for £195.00. Call us confidence on 01827 317070 or email employment@pickerings-solicitors.com and we may be able to answer any niggling questions very easily.
