HARASSMENT AND BULLYING IN THE WORK PLACE

In general terms harassment may consist of unwelcome and persistent behaviour. It may take physical, verbal or psychological form. Bullying implies the use of strength or power and usually involves repeated words or conduct used in a threatening or intimidating manner although single incidents may constitute bullying if, for example, they occur in front of colleagues and cause embarrassment or upset.
Bullying and harassment may overlap and such conduct may involve elements of sexual, racial or disability discrimination.

Bullying and harassment in the workplace may give rise to a variety of possible claims for the recipient of the unwarranted behaviour including :-

· A victim of serious bullying may be entitled to treat himself as constructively dismissed and claim unfair dismissal in an Employment Tribunal. Compensation in respect of such a claim can exceed £50,000.00.

· Bullying or harassment causing stress and leading to a clinically recognized psychiatric or physical condition may lead to a claim for personal injury or disability discrimination. Damages are unlimited.

· Bullying and harassment may also constitute sexual or racial discrimination and a claim by a victim to an Employment Tribunal where damages are unlimited.

· An employer may also face criminal liability principally under the Protection from Harassment Act 1997.

SEXUAL HARASSMENT

Sexual harassment may constitute direct sex discrimination under the Sex Discrimination Act 1975 if such harassment amounts to less favourable treatment on the grounds of sex. The harassment must be of a sexual nature or based on the victim’s sex. The conduct constituting harassment will be viewed from the perspective of the victim and single incidents may be sufficient to constitute a claim. In other circumstances conduct may constitute harassment once the victim makes it clear that the conduct is unwelcome and it persists.

RACIAL HARASSMENT

As with sex discrimination if the harassment amounts to less favourable treatment on racial grounds and the victim suffers detriment as a consequence there may be actionable race discrimination. Race discrimination includes discrimination on the grounds of race, colour, nationality, ethnic or national origins.

DISABILITY HARASSMENT

The victim must establish that he or she was treated less favourably than others for a reason related to their disability and in consequence suffered a detriment. If the reason for the discrimination is related to the disability then unless the employer can justify the conduct within the meaning of the Act discrimination will have occurred.

LIABILITY OF AN EMPLOYER FOR ACTS OF ITS EMPLOYEES

Generally an employer is liable for the acts of its employees committed in the course of their employment. A recent Court decision has extended this concept making an employer even liable for the illegal acts of an employee committed in the course of employment emphasizing the importance of an employer having appropriate procedures and systems in place to ensure, as far as practicable, that comprehensive policies exist for dealing with bullying and harassment and that enforcement of breaches of such Policies are dealt with. The discrimination statutes provide a defence for an employer who can establish that reasonably practicable steps were taken to prevent employees from committing acts of harassment in the course of employment. To succeed in such a defence, however, employers will likely need to have implemented appropriate equal opportunities policies and harassment codes, to have made the existence of such documents known to their employees and to have provided appropriate training and supervision of staff to ensure compliance.

The extent of an employer’s liability for harassment of its employees may also cover harassment by third parties where the employer is able to control their behaviour but fails to do so.

DISCLAIMER

Please note that this information is given on the basis that no liability is accepted for any errors or fact or opinion it may contain. Professional advice should always be obtained before applying the information to particular circumstances. Carter Hodge do not accept legal responsibility for the accuracy of any particular statement.