Unfortunately, claims of workplace harassment are found to be a common experience for many people, across all types of workplace industry, and sadly the incidences of these issues appear to be on the increase.
What is Harassment?
Whether or not the conduct undertaken is deemed to be harassment is often considered by taking into account how it made the person feel, the circumstances of the matter, and whether it was reasonable for the conduct undertaken to have that effect.
Examples of harassment could include threats or abuse, unwelcome sexual advances, making rude physical gestures of facial expressions, pranks, jokes or teasing, seeing or hearing comments that may be offensive, exclusion or victimisation, or being touched against your will which could be classed as assault in some cases.
A recent global survey suggested that 17.9% of employed men and women said that they had experienced psychological violence and harassment in their working life, and 8.5% have faced physical violence and harassment, with more men than women experiencing this.
The Equality Act 2010 (the “Act”) defines harassment where a person engages in unwanted conduct related to a protected characteristic, and that conduct has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that other person.
The protected characteristics as defined in the Act are as follows:
- Age;
- Disability;
- Gender reassignment;
- Marriage and Civil Partnership;
- Pregnancy and maternity;
- Race;
- Religion or belief;
- Sex;
- Sexual Orientation.
The Act prohibits three types of harassment:
- Harassment related to a protected characteristic;
- Sexual harassment;
- Less favourable treatment because the employee rejects or submits to unwanted conduct of a sexual nature or that is related to gender reassignment or sex.
What impact can harassment have?
In most cases the impact of harassment on all concerned, if dealt with properly by an employer when reported, can be limited.
However, there are circumstances where the harassment complained of, if it is not dealt with properly, or if left to escalate, can result in a person suffering either physical or psychological trauma and injury.
If this is the case, then claims for personal injury can potentially be made if the employer has not done all that they reasonably could to have prevented the harassment taking place to the extent that a person then suffers either physical or psychological injury as a result.
What do I do if I am being harassed at work?
Employers have a duty under the Health and Safety at Work Act 1974 to take reasonable steps to look after the health, safety and welfare of their employees and they also have a duty of care to look after the well-being of their employees – failure to comply with those duties could result in a breach of an employee’s contract.
Therefore, if you feel that either yourself or a colleague is being harassed, it is important that you report the matter either to your line manager or supervisor, someone in the company’s human resources department or an employee representative like a trade union official.
If the harassment is to such an extent that it is affecting your health, seek assistance through your GP or an occupational health practitioner.
Keep a record or diary of the harassment taking place and make a formal complaint if the issue cannot be resolved informally.
If you have suffered personal injury as a result of harassment at work either in the form of physical or psychological injuries, or have any queries or questions as a result of the above, or if you would like advice or assistance following an incident taking place, then please contact us on 01473 232121 or email Louise Plant on lplant@prettys.co.uk