Harassment at work

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What is harassment at work?

Harassment at work is often related to abuse of power and is defined as discriminatory treatment of a person based on specific characteristics such as sex, race, disability, sexuality, age or class.

The Race Relations Act and the Sex Discrimination Act state that "Anything done by a person in the course of his employment shall be treated for the purposes of this Act as done by his employer as well as by him, whether or not it was done with the employer’s knowledge or approval." In the Court of Appeal in Jones v. Tower Boot Company Limited, it was determined that employers may be held liable for sexual or racial harassment in a wide variety of situations.

Call our harassment claim line on 0845 519 7798 or complete our harassment claim form

The Protection from Harassment Act 1997 makes Harassment both a civil tort (a civil wrong that gives rise to a claim in damages) and a criminal offence. The Act prohibits conduct which equals Harassment of another person, and which the harasser knows or should know amounts to Harassment of the other. Harassment is defined in terms of the effect on the person being harassed and includes alarming the person or causing him or her distress. This Act allows for damages to be collected or a restraining injunction to be enacted to prohibit the Harassment.

It is important to remember that Harassment is defined through the eyes of the person claiming Harassment. After he or she has made it clear that he or she finds behaviour to be offensive and unacceptable then its continuation constitutes harassment. This is true even if other persons would not see the same behaviour as offensive. Furthermore, it is not necessary to prove that the harasser intended to harass, harassment may occur in a single act or over an extended period of time.

Tribunals have the power to protect the identity of the parties or witnesses in sexual misconduct cases; however, this usually applies only until the tribunal decision is stated. There is no limit on the amount of compensation that can be received in a harassment claim. Compensation is decided by taking into account such factors as how the employer responded, if the employer ignored complaints, if the employer’s actions/attitudes encouraged the harassment, and the age of the victim.

Tribunals award compensatory but not punitive damages. The reward will incorporate the financial loss and damages for injury to feelings. It should be noted that whilst employers have an obligation not to discriminate against an individual, they also have an obligation not to discriminate in favour of an individual either. Recent legal harassment cases have focused on harassment based on sex or race.

Also see: Harassment Compensation Claim

How do I make a Discrimination or Harassment Claim?

If you are being discriminated or harassed in any way the call and speak to one of our network of solicitors and will handle you claim. They will process your claim and update you every step of the way until they have claimed the maximum amount of compensation to ease any suffering that you have had.

You can call our harassment claim line on 0845 519 7798 to speak to one of our harassment claim specialists or complete our online contact form and we will call you back within the hour.