Workplace harassment can have serious emotional, psychological and physical consequences for employees. In some cases, individuals who suffer harassment at work may be entitled to bring a personal injury claim against their employer if the employer failed to take reasonable steps to prevent the behaviour or respond appropriately once concerns were raised.
Claims involving workplace harassment are unfortunately common across many industries, and reports of these issues appear to be increasing.
What Is Workplace Harassment?
Harassment is judged by how the behaviour affected the individual, the circumstances involved, and whether it was reasonable for the behaviour to have that effect.
The Equality Act 2010 defines harassment as unwanted conduct related to a protected characteristic that has the purpose or effect of:
- violating a person’s dignity; or
- creating an intimidating, hostile, degrading, humiliating or offensive environment.
Examples of Workplace Harassment
Examples of harassment can include:
- threats or verbal abuse;
- unwelcome sexual advances;
- offensive jokes, teasing or pranks;
- rude gestures or facial expressions;
- exclusion or victimisation;
- offensive comments overheard in the workplace; or
- unwanted physical contact, which in some cases may amount to assault.
Protected Characteristics Under the Equality Act 2010
The protected characteristics under the Act are:
- age;
- disability;
- gender reassignment;
- marriage and civil partnership;
- pregnancy and maternity;
- race;
- religion or belief;
- sex; and
- sexual orientation.
The Act prohibits:
- Harassment related to a protected characteristic;
- Sexual harassment; and
- Less favourable treatment because someone rejects or submits to unwanted conduct of a sexual nature or conduct related to sex or gender reassignment.
Can Workplace Harassment Lead to a Personal Injury Claim?
In many cases, if concerns are dealt with promptly and appropriately by an employer, the impact of workplace harassment can be limited.
However, where harassment is ignored, poorly managed or allowed to escalate, it can result in serious physical or psychological injury. This may include:
- stress;
- anxiety;
- depression;
- panic attacks;
- loss of confidence; or
- physical injury resulting from threatening or abusive behaviour.
If an employee suffers injury because an employer failed to take reasonable steps to prevent harassment, a personal injury claim may be possible.
Medical evidence from an appropriate expert will usually be required to support any claim involving physical or psychiatric injury.
What Should You Do If You Are Being Harassed at Work?
Employers have duties under the Health and Safety at Work etc. Act 1974 to take reasonable steps to protect the health, safety and wellbeing of employees.
If you believe you or a colleague is experiencing harassment at work, practical steps may include:
- reporting the matter to a line manager or supervisor;
- speaking to the HR department;
- contacting a trade union representative;
- keeping a diary or record of incidents;
- saving relevant emails, messages or documents; and
- making a formal complaint if the issue cannot be resolved informally.
If the harassment is affecting your health, you should also seek support from your GP or an occupational health practitioner.
Need Advice About Workplace Harassment?
If you have suffered physical or psychological injury as a result of harassment at work, our specialist team can advise you on your legal options and whether you may be able to bring a personal injury claim.
You can contact Louise Plant in confidence to discuss this further.
You can also view our full range of Personal Injury services here.
