Bullying and Harassment at Work

Bullying and harassment at work are unlawful and distressing occurrences. People can be victims of this type of behaviour from their managers, colleagues or even customers and the law recognises these offences if they occur at work, away from work premises or online.

The following article explains the offences of bullying and harassment at work more thoroughly, detailing how such abuse commonly occurs, the rights and protection offered to victims by the law and the potential action that can be taken.

What is defined as bullying and harassment at work?

There are several forms that workplace bullying and harassment can take and some are very obvious whereas others are more discreet but equally as distressing. Some of the most common types of bullying and harassment in the workplace include:

• Sexism, racial attacks, name calling and hurtful comments about a person's appearance
• Controversial, aggressive or discriminatory humour, often disguised as ‘work banter'
• Unfair treatment
• Unreasonable threats of disciplinary action or dismissal
• Inappropriate demonstrations of affection, sexual contact or advances from colleagues, managers or customers whilst on business trips or in the workplace
• Malicious rumours that are spread electronically or verbally
• Employees being given unreasonable and unachievable performance targets
• Being belittled or embarrassed publicly

Is it illegal for a person to bully or harass someone at work?

UK employment laws covering harassment and bullying in the workplace are linked to the legislation covering discrimination. This means that the following ‘protected characteristics' should not be used to treat another person less favourably:

• Age
• Gender
• Any disabilities
• Marital status
• Pregnancy, maternity and paternity
• Race
• Religious and philosophical belief
• Sexual orientation.

If a person harasses someone because of one or more of these characteristics, they will be in breach of the law if they violate the victim's dignity or if the harassment results in a hostile, degrading, uncomfortable or offensive setting for them.

Harassment does not need to be direct, as indirect activity can also be considered to be illegal. This includes actions such as spreading gossip, telling sexist jokes or displaying offensive pictures in the workplace.

Similarly, according to employment law, bullying often refers to behaviour or actions that belittle, humiliate, injure or denigrates the victim. Unlike harassment, bullying is not linked to discrimination. Employers are legally obliged to ensure the health and safety of their employees, and so if bullying causes stress or emotional illness or the victim feels physically threatened or suffers a physical attack, the employer must act to protect them.

What action can a victim of bullying or harassment in the workplace take?

When a person becomes the victim of workplace harassment or bullying, their initial action should be to discuss the problem with someone trustworthy and with whom they feel comfortable. This can be a colleague, a manager, the HR department or a representative of a trade union. It may be that the victim discovers that they are not the only victim of the bullying and this can open up an extended support network.

Victims who suffer from physical or emotional health concerns because of the harassment or bullying should also seek advice from their doctor. If the situation calls for time off work due to ill health, the employee should ask the doctor for a ‘fit note' to present to the employer.

The victim of the harassment or bullying should maintain a detailed record of all incidents and related conversations. Where possible, evidence of the behaviour should also be saved, as this will serve to strengthen a case against the perpetrator.

Initiating Formal Action

When the employee started working for the employer, they should have been presented with a copy of the company's disciplinary and grievance procedure, often in the company handbook. This procedure will outline the steps that an employee should take in the event of a problem such as workplace bullying or harassment. If informal attempts to rectify the situation with the perpetrator fail, the formal procedure should be followed.

If the employer does not take adequate action to investigate and address the problem, they will be liable for breaching the terms of the employment contract through jeopardising the welfare of their employee. In these instances, the victim should discuss their case with an employment law solicitor who will offer guidance on how to escalate the case, including how to initiate an employment tribunal hearing.