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Workplace harassment is any unwanted behaviour, actions, or comments that create an intimidating, hostile, or offensive working environment.
Harassment can occur between colleagues, between supervisors and subordinates, or even involve third parties like clients or customers.
The UK has laws to combat workplace harassment, notably the Equality Act 2010, which defines harassment and places a legal duty on employers to prevent it.
Victims of workplace harassment have the right to seek redress through formal complaint procedures or employment tribunals.
Employers have to foster a safe and inclusive work environment by actively preventing and addressing instances of harassment.
At Huggins Lewis Foskett in South Woodford, our family law experts can advise you on what action to take if you have been a victim of workplace harassment.
If you would like to talk to our London solicitors specialising in harassment at work, ring us on 0208 989 3000. Or use our simple contact form to request a call back and we will be happy to answer your questions.
Our harassment at work services
If you have suffered harassment during a business’s recruitment process
As a job applicant, you have the right to file a claim against any parties involved in harassing behaviour during the recruitment process.
In discrimination law (Equality Act 2010) there are three types of harassment:
- Harassment related to certain 'protected characteristics'
- Sexual harassment
- Less favourable treatment as a result of harassment
Protected characteristics include age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation.
If you have been a victim of harassment during a recruitment process you can file a harassment claim against the employer.
The employer can also be held responsible for any harassment caused by their employees or employment consultants or agencies acting under its authority during recruitment.
Our solicitors can assist you in holding an employer to account for harassment during the recruitment process.
If you have been harassed at work
If you have been a victim of harassment at work, we can help you with your employer’s formal complaint procedure or challenging a dismissal. Depending on the circumstances, participating in mediation can also help to resolve the matter amicably.
If the issue cannot be resolved through internal procedures, you must notify ACAS (the Advisory, Conciliation and Arbitration Service) of your intention to pursue Employment Tribunal Proceedings. ACAS will provide an opportunity for 'Early Conciliation' to amicably resolve the matter without resorting to a Tribunal judgment.
If Early Conciliation proves unsuccessful, the final step involves applying to the Employment Tribunal. We can prepare and submit the employment claim on your behalf, representing you throughout the entire process, including the final hearing.
If you have been harassed into leaving your job
If your employer allowed people to bully or harass you at work or did so themselves, then you may have a claim for constructive dismissal.
Constructive dismissal due to harassment occurs when an employee resigns from their job in response to persistent and severe harassment or a hostile work environment. In this situation, the employee perceives the workplace conditions as intolerable due to the harassment they have experienced. While the harassment may not have directly led to their dismissal by the employer, the employee believes they have no other option but to resign to escape the harmful work environment.
For a claim of constructive dismissal to be valid, the harassment must be significant enough to be considered a fundamental breach of the employment contract. The employee typically needs to demonstrate that the harassment was a primary reason for their resignation and that they exhausted reasonable alternatives before deciding to leave. If successful, the employee may have legal grounds for pursuing a case of constructive dismissal against their former employer.
Our solicitors play a crucial role in aiding employees who have been harassed into leaving their job by offering comprehensive legal assistance.
We will evaluate your circumstances, collect evidence, and advise on potential legal actions, such as a claim for constructive dismissal or harassment.
If you are being treated unfairly because you supported someone else’s discrimination or harassment complaint at work
If you are facing unfair treatment for supporting someone else's discrimination or harassment complaint at work, our solicitors can assess the situation and gather evidence to substantiate the unfair treatment claims.
We can support you in following your employer’s complaints procedure ensuring proper documentation and adherence to company policies.
We can then negotiate with your employer on your behalf seeking resolution and fair treatment.
If the problem cannot be resolved internally then we can assist in filing formal complaints or legal claims.
Using our legal expertise, our solicitors can pursue compensation and redress for the unjust treatment you have experienced due to your stance against workplace discrimination or harassment.
Everything you need to know about harassment at work
What constitutes harassment at work?
Bullying and harassment is any action that causes someone to feel intimidated or offended, with harassment being explicitly prohibited under the Equality Act 2010.
Instances of such behaviour include spreading malicious rumours, unfair treatment, consistent undermining or picking on someone, and obstructing training or promotion opportunities.
Bullying and harassment can manifest in various forms, whether face-to-face, through written communication such as letters or emails, or via phone interactions.
While bullying at work itself is not illegal, harassment is, particularly when the unwarranted behaviour is linked to characteristics like age, sex, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion, or belief, and sexual orientation.
The Equality Act serves as the legal framework against unlawful harassment based on these protected characteristics.
What should I do if I'm being harassed at work?
If you are being harassed at work, you are encouraged to attempt to resolve the matter internally first.
If the problem cannot be directly resolved with the person causing the harassment, you should escalate the matter by contacting your:
- Manager
- Human Resources (HR) department
- Trade union representative
You can initiate a formal complaint following your employer's grievance procedure. Should the issue persist, and the harassment continues, you can take legal action through an employment tribunal.
Our solicitors can support you through the process of lodging a formal complaint at work and if necessary, taking the case to an employment tribunal.
You may also seek guidance by contacting the Acas (Advisory, Conciliation and Arbitration Service) helpline for advice on navigating workplace issues and potential resolution strategies.
Can I take legal action over workplace harassment?
If your employer fails to address harassing behaviour at work, you can take legal action against them.
You should consult with an experienced employment solicitor promptly, as employment tribunal cases have a three-month timeframe from the last incident of mistreatment.
What is the process for making a harassment claim?
Should you opt for an employment tribunal claim, you will need to notify the Advisory, Conciliation and Arbitration Service (ACAS).
You will then be given the opportunity to begin early conciliation to resolve the matter. If this proves unsuccessful after a month, ACAS will provide a certificate signalling the end of the mandatory conciliation period, enabling you to proceed to an employment tribunal.
Our specialist solicitors are available to assist you. We can offer support and guidance throughout the process, ensuring you receive compensation for any harm caused by harassment in the workplace.
Speak to our workplace harassment solicitors in South Woodford, London
Need clear, sensible guidance on making a harassment at work claim?
Call our workplace harassment lawyers in South Woodford, London now on 0208 989 3000. Or fill out our contact form and we will get back to you soon.
