I am being harassed at work, what can I do about it?
|
Harassment at work is a form of offensive discrimination against another employee, which is unacceptable to the recipient. In general terms, harassment is carried out in relation to the perceived difference of a fellow employee. Employees are legally protected against harassment at work under employment law, namely the Equality Act 2010.
The Equality Act lays down nine characteristics that describe certain aspects of employees, which are automatically protected from discrimination; these are known as the protected characteristics; these are age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion and belief, sex and sexual orientation.
Harassment can be carried out in several ways; for example:
• Spreading rumours
• Using insulting language
• Excluding an employee from certain activities
• Intimidation
• Unwelcome sexual remarks or touching
If you believe that you are being harassed at work by a manager, a colleague or a third party, there are several steps you can take to remedy the situation. You should keep a record of all the harassing incidents that take place, as you will need to be accurate when reporting the unwanted behaviour. You should also note any medical treatment that you may seek because of the situation.
In the first instance, inform your union or staff representative without delay, and talk to other employees, to see if they have noticed the harassment. You could try asking the bully to stop their behaviour, with support, or do this in writing if it is easier. You could then inform either your manager, or a manager with whom you feel comfortable, about the harassment. If you want to make a formal complaint, your company should have a grievance procedure in place, and you should consult your employee handbook or employment contract to make sure that the proper process is followed.
If your employer does not resolve the issue to your satisfaction, and you feel you have to resign from your job, you may have a case for unfair dismissal, due to constructive dismissal. You should therefore consider obtaining expert advice from a specialist employment solicitor, with regard to making a claim for compensation at an Employment Tribunal. Claims for unfair dismissal should be brought within three months of the end of your employment; therefore you should speak to an employment law solicitor as soon as possible.
