What is workplace harassment?
Harassment is any behaviour that makes a person feel intimidated or offended. People are protected from harassment under the Equality Act 2010. Harassment can include spreading malicious rumours, unfair treatment, regularly undermining someone, or denying someone training or promotion opportunities.
Harassment can occur face-to-face or by letter, email, or phone.
The 3 types of workplace harassment
1. Harassment related to a protected characteristic
This type of harassment must relate to one of the following protected characteristics:
- Age;
- Disability;
- Gender reassignment;
- Race;
- Religion or belief;
- Sex;
- Sexual orientation.
To constitute harassment related to a protected characteristic, an unwanted behaviour must have, in relation to one of the above characteristics, either violated the person’s dignity or created an intimidating, hostile, degrading, humiliating or offensive environment for the person.
Legally, harassment can still be found even if the unwanted behaviour was not intended to produce this effect or was intended to produce this effect but failed to do so. Unwanted behaviour can include a serious one-off incident, repeated behaviour, and spoken or written words.
The circumstances, the viewpoint of the person targeted by the unwanted behaviour, and whether viewing the unwanted behaviour as harassment is “reasonable” will all be considered when deciding whether an unwanted behaviour constitutes harassment.
The law on harassment related to a protected characteristic applies in all of the following circumstances:
- The affected person has a relevant protected characteristic;
- The affected person is harassed because they are thought to have a certain protected characteristic when they do not;
- The affected person is harassed because they have a connection with someone with a certain protected characteristic;
- The affected person witnesses harassment, if what they’ve seen has violated their dignity or created an intimidating, hostile, degrading, humiliating or offensive working environment for them.
2. Sexual harassment
Sexual harassment is unwanted behaviour of a sexual nature. Employees, workers, contractors, self-employed people, and job applicants are all protected against sexual harassment at work.
To constitute sexual harassment, an unwanted behaviour must have either violated the person’s dignity or created an intimidating, hostile, degrading, humiliating or offensive environment for the person.
Legally, sexual harassment can still be found even if the unwanted behaviour was not intended to produce this effect or was intended to produce this effect but failed to do so. The unwanted behaviour does not need to be related to a protected characteristic.
3. Less favourable treatment as a result of harassment
This type of harassment applies when a person is treated less favourably than they would have been if they had not responded to previous harassment in the way they did; this includes instances where the person accepted the previous harassment.
The previous harassment must have been either sexual harassment, harassment related to sex, or harassment related to gender reassignment.
Is workplace harassment a hate crime?
It’s possible that serious harassment could amount to a hate crime. An incident is a hate crime if someone is targeted due to one of the following protected characteristics (even if there is a mistake about someone’s identity):
- Disability;
- Race;
Religion; - Sexual orientation;
- Gender reassignment.
An incident is treated as a hate crime if the victim or any other person perceives it to be.
How to respond to workplace harassment
Employers should take complaints of harassment extremely seriously and investigate the complaint with immediate effect, following a full and fair procedure. Your employee may be more likely to make a claim to an employment tribunal if you fail to deal with their complaint appropriately. The tribunal will consider how you handled their complaint as part of their proceedings.
A complaint could come from the affected employee directly, another employee who has witnessed the harassment, or a trade union or employee representative on the employee’s behalf. The way you investigate the complaint should be fair and sensitive to everyone involved.
Consult and follow your organisation’s policy on handling harassment complaints, including any guidelines on who should handle this type of complaint and what procedure to follow. If your organisation does not have such a policy, consult senior management or HR on the best course of action.
An employee will either make an informal or formal complaint. Dealing with a problem informally means taking steps to resolve it without using a formal grievance procedure. Resolving the complaint informally is usually the quickest and least stressful approach for everyone. However, if you are in doubt, it will be best to handle the issue formally.
Areas we cover
At 365 Employment Law, we provide comprehensive employment law services to individuals and businesses in Littlehampton, Bognor Regis, Chichester, and Brighton. Our team of experienced employment lawyers is committed to ensuring all our clients receive legal advice and representation tailored to their specific needs.
Why work with 365 Employment Law?
Contacting a workplace harassment solicitor is an important first step in handling instances of harassment and bullying in the workplace. If you’re looking for employment law advice and support, 365 Employment Law will work with you every step of the way to ensure you achieve the best possible outcome.
We have a wealth of experience advising employers across Sussex in all aspects of employment law. Based out of our office in Worthing, West Sussex, we support employers in a range of contentious and non-contentious employment law matters. Get in touch with our friendly team today for an informal conversation about your needs.
Frequently Asked Questions (FAQs)
What are my responsibilities as an employer regarding workplace harassment?
Employers are legally required to prevent harassment in the workplace. This can be achieved by implementing clear anti-harassment policies, providing training, and taking immediate action if harassment complaints arise. Employers must also ensure that employees know how to report harassment and have access to a fair grievance process.
How can I prevent workplace harassment?
Fostering an open and respectful workplace culture is imperative to preventing workplace harassment. Monitor workplace dynamics on a consistent basis to pre-empt any potential issues and behave proactively in order to prevent issues materialising.
What should I do if an employee reports harassment?
Always take the complaint seriously and keep an open mind. Remember that something that seems small to you can feel very different to the person experiencing it. Investigate the complaint fairly and thoroughly, ensuring the employee feels supported throughout, and take corrective action where necessary.
Is harassment always illegal?
Not all harassment is illegal, but it may still be a violation of company policies or could lead to legal consequences if it breaches the Equality Act 2010 or the Protection from Harassment Act 1997.
Can an employee make an anonymous complaint?
While employees can raise concerns anonymously, it can be more difficult to address an anonymous complaint as you may lack key details to investigate. Strive to create an environment where employees feel comfortable reporting concerns openly to ensure a more thorough investigation and demonstrate your commitment to addressing workplace harassment fairly and thoroughly.
How long do I have to investigate a harassment complaint?
Employers should aim to investigate harassment complaints immediately. This should be within a few days to a couple of weeks, depending on the complexity of the matter at hand. Delays can exacerbate issues and could lead to the employee filing a formal claim with an employment tribunal.
What are the potential consequences of failing to address workplace harassment?
Failing to address workplace harassment can result in legal consequences, including claims of discrimination or constructive dismissal, which can lead to compensation payments, legal fees, and damage to your company’s reputation.
Can employees be disciplined for making false harassment claims?
Yes, employees can face disciplinary action if they knowingly make false harassment claims. However, it’s important to first investigate the claim thoroughly before taking any action. Employers should ensure they follow a fair procedure to avoid wrongful accusations or retaliation.