Despite the growing number of regulations in place to protect against harassment in the workplace, the figures don’t lie.
A recent poll found that 58 per cent of women have experienced sexual harassment, bullying or verbal abuse at work, with that figure rising to over 60 per cent for woman under 35.
41 per cent of Black and minority ethnic (BME) workers have experienced racism on the job. Younger and older workers are more likely to be viewed unfavourably during the hiring process.
Three quarters of disabled people have experienced negative behaviour in the past five years – many of them at work.
If you have experienced harassment in the workplace, navigating that can be challenging and distressing. However, we understand the drive to seek repercussions for the perpetrator and prevent it from happening again.
Here is an overview of your rights if you have been discriminated against or harassed, and details on how we can help.
Equality Act 2010
Harassment – defined as behaviour that makes someone feel uncomfortable or intimidated – is unlawful under the Equality Act 2010. It is related to bullying, but harassment is typically associated with one or more of the following protected characteristics:
It is illegal for anyone to harass another person in the workplace based on any of these characteristics. Your employer or manager also cannot treat you less favourably if you make a complaint about harassment for any of these characteristics.
The Equality Advisory Support Service (EASS) will be able to advise you on whether a particular type of harassment is covered by the Equality Act, and your rights when it comes to discrimination and harassment.
If you have been harassed at work
If you have experienced harassment, whether that be physical, verbal or in writing, you have the right to make an informal or formal complaint with your manager or human resources (HR) department. Some people also choose to involve a trade union representative.
When submitting your complaint, try to include as much of the following as possible:
Should an informal mediation fail to resolve the situation, you may then choose to submit a formal grievance. The process for this should be detailed in a company handbook or similar document.
Alongside this, you can also obtain impartial advice from the Advisory, Conciliatory and Arbitration Service (Acas) or Citizens Advice.
Acas can also provide third-party mediation services between you and your employer or colleague, without needing to take the case to a tribunal.
The tribunal process
If the dispute cannot be resolved internally, you can lodge a complaint with an employment tribunal. You have three months to do so from the incident, or from the most recent incident if the problem is ongoing.
Before you make a claim to a tribunal, you’ll normally need an early conciliation certificate from Acas for each respondent.
Typically, you can make your claim online with the names of all claimants, the names and addresses of respondents, and your Acas certificate numbers.
The respondent then has 28 days to respond to your claim. If the tribunal decides to move forward with your case, it may go to a preliminary hearing prior to a formal hearing. At this point, you will need to gather your evidence and proof of employment, and witness statements.
You will need to present your case to the tribunal. A representative, such as a solicitor, can do this on your behalf if you find the experience distressing or you require expertise.
After all the information has been presented, the tribunal will make its decision. You may be awarded compensation or, if you do not win your case, you have 14 days to appeal.
Seeking legal advice
Harassment at work can be shocking and upsetting. Seeking justice for what has happened and preventing it from happening again can, in some cases, involve complex legal situations where some extra help is essential.
It’s vital that you understand your rights and the processes involved in mediation and employment tribunals if you have experienced workplace harassment.
For further advice and support on workplace discrimination, dispute resolution and your rights, please contact our team today.
