Are you a City executive? Are you experiencing bullying and harassment in the workplace?
Guest contributor George Duncan writes:
‘The City is a highly pressurised environment in which to work at the best of times. As an employee you are entitled to work in an environment free of unwarranted and unwelcome behaviour and benefit from precisely the same employment protections as other employees under UK law. Many employers have anti harassment and bullying policies in place. Even where your business has such policies, it is impossible safeguard completely against such behaviour occurring. If you feel you are suffering from bullying or harassment in the workplace, it is important you take action without delay to bring such unwanted behaviour to an end. The tools at your disposal for doing so include raising an internal grievance and, if this does not resolve the issue to your satisfaction bringing proceedings in the Employment Tribunal.
Following a decision of Supreme Court, the financial barrier to pursuing a complaint arising out of bullying and harassment e.g. discrimination and/or constructive dismissal through an employment tribunal no longer exists. This provides greater accessibility to justice and provides a forum for redress if you are unable to resolve your complaint internally with your employer.
Here at iLaw we have over 20 years’ of experience assisting employees with internal grievances and employment tribunal claims.
Here are our top five tips for City executives faced with what we understand and appreciate can be a stressful situation:
1. Identify the bullying or harassing behaviour
Bullying or harassment can take many forms. It may be direct or indirect; it may be obvious or insidious. You should identify the behaviour before deciding what your next step should be. Examples of unacceptable behaviour include:
- Spreading malicious rumours;
- Unfair treatment;
- Threats or comments about job security;
- Preventing career progression;
- Offensive emails;
- Jokes, teasing and pranks.
Bullying or harassment does not necessarily have to occur face to face. It can also take the form of email, phone or supervision methods (i.e. recording of time).
The offending behaviour does not even have to take place in the work environment. For example, an employee was fairly dismissed for posting obscene and lewd comments about the promiscuity of a female colleague on his Facebook page while at home. The tribunal found that the comments created a degrading and humiliating work place environment for his victim which in their view amounted to harassment.
It should also be noted that unwanted and unacceptable behaviour received from a customer or client of the business can constitute harassment or bullying if you have told your employer and they do not take reasonable steps to prevent it happening again.
2. Keep a record
Keeping a diary of the offending incidents may not be your first thought when being subjected to bullying or harassment, but it will help to demonstrate the frequency and nature of the incidents. You should record dates, times, witnesses and keep copies of emails, minutes of meetings letters.
3. Talk to someone
Even if the business has effective procedures in place to handle bullying or harassment, you may feel unsure whether to make a formal complaint. You may want to talk to colleagues to find out if anyone else is suffering similar treatment. Someone might have witnessed the unacceptable behaviour and be willing to support you if you make a formal complaint. Alternatively, you should talk to a trade union representative or approach your manager.
Talking to the person who is behaving unacceptably should also be considered. They may be unaware of the effect that their behaviour is having on you. If you do not feel comfortable approaching the individual of whom you are complaining yourself, your union representative or colleague may be willing to act on your behalf. You may also want to involve HR in the meeting so as to guard against being subjected to further bullying and harassment by the individual.
4. Follow procedures
Employers should have appropriate safeguards in place to protect against unacceptable behaviour at work. They should provide clear, transparent employment policies dealing with bullying and harassment which are to be followed in the event you receive unwelcome and unwarranted behaviour from another individual. The policies should state both the employers and employees responsibilities as well as set the expected standards for workplace behaviour.
If your employer does not have policies in place, you should talk to your manager or HR regarding what your next steps should be.
5. Legal action
If the matter is not resolved, despite talking to someone and following formal procedures, you should consider seeking legal advice.
If you are suffering from harassment and it is because of or is related to a protected characteristic, a claim can be brought under the Equality Act 2010. Protected characteristics include:
- Gender reassignment
- Religion or belief
- Sexual orientation.
You may feel that resigning is the only option you have left. If you feel that this is the route you would like to exercise, make sure that you have pursued all other formal procedures. It is important to note that to make a claim of constructive unfair dismissal; you have to have been working at the business for at least 24 months before you resign.
At the same time you should be mindful that there are time limits for bringing complaints of discrimination in the employment tribunal. Generally speaking, the time limit expires three months after the act(s) complained of occurs. It may be possible to argue that a pattern of behaviour amounts to a continuing act, in which case the time limit would apply from the last act committed.
It is also open to the employment tribunal to extend time where it considers it just and equitable to do so. However, it would be reckless to assume the tribunal will extend time. Their willingness to do so will depend on the circumstances of your case. Our strong advice therefore is to seek appropriate guidance at the earliest possible stage and certainly well before any time limit is due to expire.
By following the strategies and tips in this article, together with obtaining legal advice and support on your particular circumstances, tackling any bullying and harassment you may be facing in the workplace need not be such a daunting prospect.’
Are you facing harassment or bullying in your workplace? Why not talk to our dedicated team of employment lawyers here at iLaw? We can help guide you through the process of making a bullying or harassment complaint so that it runs smoothly and does not cause further unnecessary anxiety or stress.
Please call Julian Cox who heads iLaw’s employment team on 0207 489 2059 or email him at firstname.lastname@example.org.
This information does not give a full statement of the law. It is intended for guidance only and is not a substitute for professional legal advice.