Friday, 28 December 2012

Bullying and harassment at work environment

By John McLarren


Bullying and harassment are unacceptable behaviours at workplace. Employers are responsible to handle the situation and improve the environment for their employees.

What is bullying and harassment?

Bullying is insulting behaviour or an abuse that humiliates or injures the recipient. While harassment is unwanted conduct that degrades the recipient and creates an offensive environment to him/ her. Examples of bullying and harassment behaviours include spreading rumours about a person based on his/ her protected characteristics or unwanted sexual requests and touching of any bodily parts. These behaviours could be conducted face-to-face, through emails, phones or letters.

Legal aspects

According to the Equality Act 2010, harassment is against the law while bullying is not, because harassment are related to protected characteristics, for example, sex orientation, races, disability and religion beliefs.

They shouldn't be tolerated

You should talk to your fellow colleagues to see whether they have similar situation or they might be also one of the victims. Talk to the person who do these bullying and harassing behaviours directly and firmly. If he/ she doesn't stop, you could file a complaint directly to your employer. You can also talk to members of your work Union. They should have a grievance procedure to handle your case.

Employment tribunal can help you

You could make your claim at the employment tribunal within 3 months before the end of your employment. They are an independent organisation with the legal powers to make your employer to compensate you.

What cases they deal with?

They accept claims concerning unreasonable dismissal, discrimination related to age and races, or unreasonable salary reductions. But before bringing your case to them, you should work to solve with your employer or contact some non-governmental organisations which specialise in bullying and harassment at workplace for advice.

After the claim submission

Representatives from Acas (Advisory, Conciliation and Arbitration Service) will contact you to try to solve the case without going to court. It is a free service and everything you said is confidential. If there are no ways to solve, your employer will have 28 days after your submission to respond to your claim. If they don't reply, there will be an employment judge to decide on the case without you going to the court. If they do reply, there will be a hearing.

Before the hearing

You should prepare documents and sort out your witness for the final decision of the judge.

After the hearing

If you win, your employer will have to compensate you either in payment or improve your working conditions. If you lose, you could ask the tribunal to review your case within 14 days of getting your decision. In case you think they make legal mistake, you could appeal to the employment appeal tribunal within 42 days of getting your decision.




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