Harassment

Harassment in the Workplace

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Workplace Harassment Solicitors

Workplace harassment can take a wide variety of forms. Examples include the following : –

  1. Spreading malicious rumours;
  2. unfair treatment;
  3. refusing to provide equal training or promotion opportunities;
  4. picking on an employee regularly or undermining that employee; and
  5. persistent different treatment which is less favourable towards a particular individual.

If you’re being harassed at work, try to deal with it informally first if you feel comfortable.
If that doesn’t work, speak to someone formally. This could be your manager, someone in HR, or your trade union representative.

If the problem continues or you’re unsure what to do, our workplace harassment solicitors can help you understand your rights and take the next steps.

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Sexual Harassment

Workplace Harassment

If employees have already raised concerns about workplace harassment formally and the issue remains unresolved, they may need to file a formal grievance complaint. In this case, the employee should refer to the company’s internal grievance procedure. It is usually found in the employee handbook or on the company intranet.

If this formal process still doesn’t resolve the issue, the next step may be to consider legal action. Before doing so, it’s recommended to contact the Advisory, Conciliation and Arbitration Service (ACAS) to begin the early conciliation process.

In cases where workplace harassment is not linked to a protected characteristic, the legal claim may fall under constructive unfair dismissal. This would mean the employee believes that the harassment was so serious it breached the trust and confidence expected in the employment relationship. The employee may feel forced to resign and pursue a claim in the employment tribunal due to the employer’s failure to resolve the issue.

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Manager Harassment

A difference in treatment, or persistent less favourable treatment, can amount to discrimination. This applies if the unfair treatment is linked to a protected characteristic.

What Are Protected Characteristics?

Under the Equality Act 2010, it is unlawful to harass or discriminate against someone because of any of the following protected characteristics:

Age: Being treated unfairly because you are younger or older.

Disability: Includes physical or mental conditions that have a long-term impact on your day-to-day life.
Gender reassignment: Protection for individuals who are transitioning, have transitioned or are planning to transition.
Marriage and civil partnership: Being treated unfairly because you are married or in a civil partnership.
Pregnancy and maternity: Protection from unfair treatment during pregnancy and after giving birth.
Race: Includes skin colour, nationality, and ethnic or national origin.
Religion or belief: Covers all faiths, beliefs and also lack of belief.
Sex: Being discriminated against because you are male or female.
Sexual orientation: Protection if you are gay, lesbian, bisexual or heterosexual.

Sadly, workplace harassment is becoming more common, even though legal protections exist. If the harassment is coming from a manager, you should report it to someone else in the company. You can do this even if the official process doesn’t say so.

You do not have to accept poor treatment at work. If you complain and nothing changes, you might have grounds to resign and claim constructive unfair dismissal. This only applies if the harassment is not related to a protected characteristic.

However, if the harassment is linked to something like age, race, sex, or disability, you could make a discrimination claim. There is no limit on the amount of compensation in these cases.

The employment solicitors at DPH Legal can support you if you’re facing harassment at work. Call us today for expert advice.

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