In the modern workplace, a prevailing issue that employees often grapple with is workplace bullying and harassment. This behaviour, when left unchecked, not only creates a toxic work environment but also poses severe implications for the mental and physical health of staff members. It’s vital to understand that every person has the right to work in an environment free from bullying or harassment. In the UK, several legal provisions can help safeguard employees from such behaviour. This comprehensive guide will help you understand how to legally address workplace bullying and harassment under UK employment law.
Recognising Bullying and Harassment at Work
Before you can address bullying or harassment, you need to recognise the signs. Workplace bullying often manifests in various forms, and recognising the behaviour is the first step towards combating it. According to the Advisory, Conciliation and Arbitration Service (ACAS), bullying can include offensive jokes, isolation, excessive criticism, or undermining someone’s competency. On the other hand, harassment, under the Equality Act 2010, is the unwanted behaviour related to a protected characteristic that violates someone’s dignity or creates a hostile environment for them.
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When employees are under the torment of such behaviour, it can lead to severe physical and mental health issues, including stress, depression, and a loss of confidence. In more severe cases, bullying and harassment can also lead to suicidal thoughts. Recognising such behaviour within the workplace is essential to ensuring that your work environment is safe and healthy.
Your Rights as an Employee
As an employee working in the UK, you are protected under various legislations from bullying and harassment in your workplace. One of the primary legal protections is the Equality Act 2010, which makes it unlawful for an employer to allow any form of harassment related to a protected characteristic (such as age, sex, disability, etc.).
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In addition, the Health and Safety at Work Act 1974 obligates employers to ensure the health, safety, and welfare of their employees. This requirement extends to ensuring a workplace free from bullying and harassment. If your employer fails to meet these requirements, they could be held liable under the law. By understanding your rights, you can safeguard your mental and physical health and ensure that you are working in a safe, respectful environment.
How to Raise a Grievance Against Workplace Bullying or Harassment
If you believe you are a victim of workplace bullying or harassment, it’s crucial that you raise a grievance with your employer. In the first instance, try to resolve the issue informally if you feel comfortable doing so. This could involve speaking directly to the person involved or discussing the matter with your line manager or HR representative.
However, if the issue persists or is of a severe nature, you should raise a formal grievance. The process for this will likely be outlined in your staff handbook or employment contract. When raising a grievance, you should ensure you provide as much detail as possible, including any evidence to support your claim. This could include emails, text messages, or witness statements.
Remember, it’s important to inform your employer of the issue so that they can take appropriate action. If your employer fails to address your concerns appropriately, they could be guilty of breaching their duty of care, which could lead to legal action.
Legal Recourse: Employment Tribunal
If your employer fails to resolve your grievance effectively, you may wish to consider taking your claim to an Employment Tribunal. This is a legal setting where disputes between employers and employees over employment rights are resolved.
Before launching a claim, it’s advisable to seek legal advice. This will help ensure your case is strong and provide guidance on the best course of action. To lodge a claim with the Employment Tribunal, you will need to show that you have been mistreated in violation of your employment rights. Remember, making a claim should be the last resort after exhausting all other options.
Finding Support and Advice
Dealing with workplace bullying and harassment can be a challenging and distressing time. It’s important to reach out for help and advice to navigate through this difficult period. Many organisations such as ACAS, Citizens Advice, and employment law specialists can offer support.
Talking to friends, family, or a mental health professional can also be beneficial. Remember, it’s essential to look after your health, both physical and mental, during this time. It’s important to remember that you are not alone in this journey, and there are numerous resources available to you.
Understanding Constructive Dismissal due to Workplace Bullying and Harassment
In some cases of bullying and harassment at work, the situation may become so unbearable that you feel left with no choice but to resign from your job. This is known as constructive dismissal, which in the context of employment law, is considered a significant step.
Constructive dismissal occurs when an employee resigns due to their employer’s conduct. The conduct could be a serious breach of contract or a series of smaller incidents that accumulate and make it impossible to continue working. A key aspect of constructive dismissal is that the employee must feel they had no option but to leave their job.
If you’ve experienced continuous bullying or harassment at work leading to a resignation, you may have a claim for constructive dismissal. To successfully make a claim, you need to prove that your employer has fundamentally breached your contract of employment. This could be due to allowing ongoing bullying or failing to take appropriate action when you have reported it.
However, it’s crucial to remember that constructive dismissal is a serious legal claim and not something to be taken lightly. It can be challenging to prove, requiring clear evidence of the employer’s breach of contract. Therefore, it’s always advisable to seek legal advice before considering this course of action.
Addressing Sexual Harassment at Work
Another significant form of workplace harassment is sexual harassment. Under UK employment law, it’s clear that sexual harassment at work is unacceptable and illegal.
The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, or offensive environment. This can include unwelcome sexual advances, inappropriate physical contact, or suggestive comments or jokes.
If you are subject to sexual harassment at work, it’s vital to raise the issue with your employer. As with other forms of bullying and harassment, you can start by addressing it informally. If this doesn’t resolve the issue, or if the harassment is severe, you can raise a formal grievance.
If your employer fails to deal with your grievance adequately, or if the harassment continues, you may consider taking legal action. This could involve lodging a claim with an Employment Tribunal. Remember, the law is on your side, and you should not have to endure sexual harassment at work.
Workplace bullying and harassment are critical issues that should not be taken lightly. They can create a toxic work environment, leading to severe mental and physical health implications for those affected. Under UK employment law, employees are protected from such behaviours, and employers have a duty of care to provide a safe and respectful work environment.
If you’re experiencing bullying or harassment at work, remember to acknowledge the gravity of the situation, know your rights, understand the options available, and seek necessary help and support. This might involve raising a grievance with your employer, seeking legal advice, or considering more serious actions such as lodging a claim with an Employment Tribunal or a constructive dismissal claim.
Dealing with bullying or harassment can be challenging, but remember, you are not alone. Numerous organisations, including ACAS and Citizens Advice, can offer support. Above all, look after your health and well-being during this period. Stand up against workplace bullying and harassment – because everyone has the right to work in a safe, respectful environment.
