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Often, people refer to bullying and harassment interchangeably at work to describe hostile behaviour towards themselves. Despite the fact that both of these terms refer to behaviour that makes someone feel intimidated or offended, these terms have distinct meanings under the UK law. This difference increases the importance needed to understand what type of mistreatment someone is experiencing at work in order to find a solution to their situation.
Workplace Bullying
Workplace bullying can be characterised by repeated and unwanted aggressive behaviour which cause harm, humiliation or intimidation for an employee. This is often a situation based around a stark power imbalance where the aggressor acts without fear of consequences.
Bullying in itself is not illegal however if it involves the harassment of protected characteristics that are stated under the Equality Act 2010, it may be classified as harassment in the eyes of the law. However, if the extent of bullying drives an employee to leaving a job and if their employer has not attempted to help, the employee may be able to claim for constructive dismissal. This is when an employee leaves their job as their situation has made it impossible for them to work in their workplace environment based on the actions of other employees and either the actions or lack of actions undertaken by an employer.
Workplace Harassment
Workplace harassment can be defined as unwelcomed conduct from other employees or an employer based on protected characteristics which are outlined by the Equality Act 2010 which includes race, colour, sex, national origin, age and disability. This becomes unlawful when the enduring behaviour creates a hostile work environment which could cause an employee to resign based on these actions. Title VII of the Civil Rights Act of 1964 prohibits discrimination and harassment in a workplace. The focus of this act is on the impact of the behaviour and its connection to specific traits rather than the intention of the perpetrator.
Harassment is considered to be illegal as it breaches laws protecting protected characteristics which is why it can lead to legal action and requires formal investigations if cases occur in a workplace. On the other hand, bullying would be considered top be a performance issue unless it escalates into the realm of harassment. Harassment is seen as violating a person’s dignity or creating a hostile environment as defined by section 26 of the Equality Act 2010.
Sexual Harassment
A distinct form of harassment would be sexual harassment which is unrelated to the protected characteristic of sex. Sexual harassment is unwanted conduct of sexual nature that can include flirting, sexual comments and jokes, unwanted touching and sexual assault. Regarding harassment, it is possible to feel both harassed and sexually harassed at the same time however for it to be considered sexual harassment, the unwanted behaviour must still violate someone’s dignity or create an offensive environment for an individual.
Slightly related to this is a third type of harassment which is subtly different from sexual harassment. This third form is when an employee is treated less favourably because they have either rejected sexual harassment or they have been submitted to sexual harassment.
What to do about workplace harassment
If an employee is being harassed at work, it may be beneficial to keep a log of the times that they feel they have been harassed and the effect that it has had on them. This could provide evidence against the perpetrator which could be used to eliminate the hostile behaviour. It would then be recommended to submit a formal complaint against the perpetrator in order to eliminate this behaviour permanently and to ensure that they are able to work in an environment that is neither hostile nor offensive.
If you require expert legal advice or support with any aspect of your matter, our experienced team of solicitors at Aston Bond are here to help. We are committed to providing clear, practical and tailored legal solutions to help you move forward with confidence. Contact our team today on 01753 486 777 or email info@astonbond.co.uk to discuss how we can assist you.
