Harassment
Harassment involves unwanted behaviour that creates an intimidating or offensive environment. This is not suitable for mediation due to serious concerns. Legal protection is required.
About Harassment
Harassment in the workplace involves unwanted behaviour related to protected characteristics that violates dignity or creates an intimidating environment. This may include offensive comments, jokes, or unwanted physical contact. Such behaviour is unacceptable and may require formal investigation and legal action. Harassment is unwanted conduct related to protected characteristics that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
Mediation is generally not suitable for harassment cases due to power imbalances and the serious nature of the conduct. Victims should report harassment through formal channels and may need legal protection. The difference between harassment and discrimination is that harassment involves unwanted conduct while discrimination involves less favourable treatment, though they often overlap.
What is it?
Harassment is unwanted conduct related to protected characteristics that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. It may occur in person, online, or through other means. Harassment is a form of discrimination under employment law. Employment law provides protections against harassment.
Types of harassment include sexual harassment involving unwanted sexual advances or conduct, racial harassment involving offensive comments about race or ethnicity, and disability harassment involving offensive comments about disability. Employer liability exists for harassment when the employer knew or should have known about the harassment and failed to take appropriate action.
Your rights and options
You have the right to work without harassment. These rights include the right to a workplace free from harassment, the right to report harassment without retaliation, the right to have complaints investigated promptly, and the right to legal remedies for harassment. Employment law provides strong protections against harassment.
Options include reporting to your employer, filing a formal grievance, or legal proceedings. In serious cases, you may need to contact the police. How to report harassment typically involves documenting the incidents, reporting to HR or management, and following internal complaint procedures. Legal advice can help you understand your rights and the options available.
Document all harassment incidents with dates, times, witnesses, and specific details. Report harassment through formal workplace channels to HR or management. Preserve evidence including emails, messages, or witness statements. Consider whether regulatory authorities should be notified. Workplace harassment requires formal investigation and legal protection rather than mediation due to power imbalances and the serious nature of the conduct.
Frequently Asked Questions
What constitutes workplace harassment?
Workplace harassment is unwanted conduct related to protected characteristics that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. This may include offensive jokes, unwanted physical contact, display of offensive material, or exclusion based on protected characteristics. Harassment is a form of discrimination under employment law.
What is the difference between harassment and discrimination?
Harassment involves unwanted conduct that creates a hostile environment, while discrimination involves less favourable treatment based on protected characteristics. Harassment focuses on the conduct itself and its impact on the environment, whereas discrimination focuses on differential treatment in employment decisions. They often overlap, as harassment can be a form of discriminatory conduct.
How do you report harassment?
Harassment should be reported through formal workplace channels, typically starting with a complaint to HR or management. Documentation should include incident logs, dates, times, witnesses, and specific details of the conduct. If internal reporting fails or is inappropriate, complaints may be filed with employment tribunals or regulatory authorities. In serious cases involving criminal conduct, police should be contacted.
What employer liability exists for harassment?
Employers can be liable for harassment by their employees if they knew or should have known about the harassment and failed to take appropriate action to prevent or address it. Employers have a duty to take reasonable steps to prevent harassment and to respond promptly to complaints. Liability may also exist for harassment by third parties such as clients or customers if the employer fails to take reasonable steps to protect employees.
Sources
International Sources
- International Labour Organization harassment guidelines (Guidelines)
- UN Human Rights Office violence and harassment standards (Standards)
- International Labour Organization violence and harassment conventions (Agreement)
- OECD workplace safety guidelines (Guidelines)
- World Bank labour market indicators (Indicators)
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