What is harassment?

A recent global survey suggested that 17.9% of employed men and women said that they had experienced psychological violence and harassment in their working life, and 8.5% have faced physical violence and harassment, with more men than women experiencing this.

Whether or not the conduct undertaken is deemed to be harassment is often determined by considering:

1. how it made the person feel, 

2. the circumstances of the matter, and 

3. whether it was reasonable for the conduct undertaken to have that effect.

Examples of harassment could include threats or abuse, unwelcome sexual advances, making rude physical gestures of facial expressions, pranks, jokes or teasing, seeing or hearing comments that may be offensive, exclusion or victimisation, or being touched against your will which could be classed as assault in some cases.

The Equality Act 2010 (the “Act”) defines harassment where a person engages in unwanted conduct related to a protected characteristic, and that conduct has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that other person.

The protected characteristics as defined in the Act are as follows:

• Age;

• Disability;

• Gender reassignment;

• Marriage and Civil Partnership;

• Pregnancy and maternity;

• Race;

• Religion or belief;

• Sex;

• Sexual Orientation.

The Act goes on to prohibit three types of harassment:

1. Harassment related to a protected characteristic;

2. Sexual harassment;

3. Less favourable treatment because an employee rejects or submits to unwanted conduct of a sexual nature or that is related to gender reassignment or sex.

Impact of harassment – can a personal injury claim be made?

In most cases harassment, if dealt with properly by an employer when reported, the impact upon all concerned can be limited.

However, there are circumstances where the harassment complained of, if it is not dealt with properly, or if left to escalate, can result in a person suffering either physical or psychological trauma and injury. 

If this is the case, then claims for personal injury can potentially be made if the employer has not done all that they reasonably could to have prevented the harassment taking place to the extent that a person then suffers either physical or psychological injury as a result.

What do I do if I am being harassed at work?

Employers have a duty under the Health and Safety at Work Act 1974 to take reasonable steps to look after the health, safety and welfare of their employees and they also have a duty of care to look after the wellbeing of their employees - failure to comply with those duties could result in a breach of an employee’s contract.

Therefore, if you feel that either yourself or a colleague is being harassed, it is important that you:

• Report the matter either to your line manager or supervisor, someone in the company’s human resources department or an employee representative like a trade union official.

• If the harassment is to such an extent that it is affecting your health, seek assistance through your GP or an occupational health practitioner.

• Keep a record or diary of the harassment taking place and make a formal complaint if the issue cannot be resolved informally.

If you have suffered personal injury as a result of harassment at work either in the form of physical or psychological injuries, or have any queries or questions as a result of the above, or if you would like advice or assistance following an incident taking place, then please contact us on 01473 232121 or email Louise Plant on lplant@prettys.co.uk