Harassment at Work

Harassment at work

What would you do if your boss asks for a sexual favour or if a manager is abusive to you and undermines you in front of others? Some people feel they have to put up with it. But you can do something...

Harassment and bullying in the workplace are probably the most publicised areas of harassment law. We regularly read newspapers stories about cases involving allegations of sexual, racial or religious based harassment of employees.

The Protection from Harassment Act has created a new means by which employees who are bullied, harassed or intimidated at work can obtain compensation.

If you have been bullied, harassed or intimidated in some way at your place of work you could decide to sue your employer for compensation using the Protection from Harassment Act rather than by going to an Employment Tribunal.

The Act allows the courts to award compensation to victims of harassment for any anxiety caused by the harassment and any financial loss resulting from the harassment. The time limit for bringing such a claim for damages is six years however expert legal advice should be sought immediately to protect your position.

Employers are responsible for the actions of their employees, so if you are being bullied or sexually, racially or religiously harassed then it is their problem too.

Bullying

Workplace bullying can lead to work-related stress and ill health causing untold misery to many workers. Studies have showed that as many 5 million people are affected by bullying in the UK, 18.9 million working days are lost to bullying each year and up to a half of all stress-related illnesses are a direct result of bullying.

Bullying can take many different forms. From actual physical violence and threats of violence, to being treated in a demeaning and unacceptable way such as name calling, sarcasm and teasing. It can include offensive, intimidating, malicious or insulting behaviour. Or it could be a misuse of power to undermine, humiliate or injure you. Bullying that doesn't include physical abuse can be just as hard to deal with and is often more hurtful than actually being punched or kicked. And it doesn't have to be obvious. Quite often bullying is carried out in a subtle way either face to face, in writing, via email or over the phone.

Examples include:

• Insults
• Spreading malicious rumours
• Ridiculing or demeaning someone
• Exclusion or victimisation
• Overbearing supervision and other misuse of power or position
• Deliberately undermining people and blocking promotion or training opportunities

If you are being bullied then you should speak to your employer. They are bound to prevent bullying and should be able to help. It could help you if you can find out if anyone else is being bullied or if anyone witnessed what was happening to you. You should keep all evidence of bullying and it can help to keep a diary and note dates, times, witnesses, what happened and your feelings.

Sexual Harassment

As with bullying and any other form of harassment, your employer is responsible for the actions of all their employees. Sexual harassment can take many forms examples include:

• Sexual demands by a member of your own or the opposite sex.
• Any behaviour of a sexual nature, which creates an intimidating, hostile or humiliating working environment for you
• Indecent or dirty remarks
• Comments about the way you look which you find demeaning
• Questions about your sex life

If you are being sexually harassed then you should report it to your employer. Make it clear that you reject this treatment, have a witness with you if possible. Always keep a record of what has happened including times and dates. If other colleagues are being harassed ask them to log it too.

Stress at work

The team are currently representing a young policeman for whom the hostile incident he was involved in at work has left him with recurring nightmares and flashbacks. He has attempted to take his own life on several occasions. He was left with little alternative but to leave the job he once loved, which meant he also lost his housing and the camaraderie of his friends and colleagues.