Harassment (UK)
Encyclopedia
Harassment in the United Kingdom is a topic which in the past couple of decades has been taken increasingly seriously and has been the subject of a number of pieces of major legislation. This article is intended to outline the procedure behind making and investigating harassment
claims, primarily in the workplace.
have been unlawful under the Race Relations Acts (RRA) and the Sex Discrimination Act (SDA) respectively, it is only comparatively recently that specific legislation has defined harassment specifically as unlawful.
Because of the rise recently in awareness of the issues involved in harassment, recent trends have shown significant rises in the number of people making claims of harassment at Employment Tribunals
. If the complaint is serious, high damages may be awarded against the Employer, so it can be seen that it is important for the Employer to take seriously any allegation of harassment at an early stage and take steps to quickly resolve it.
There is also legislation in place to be able to deal with discrimination, and this legislation is distinct to that provided under the SDA and RRA.
"A person must not pursue a course of conduct
Harassment also occurs when, on the grounds of race, disability
, sex
, sexual orientation
, belief
or religion
, an employer - or their agent such as another employee or a manager - engages in unwanted conduct which has the purpose or effect of violating an individual's dignity or creating an interrogating, degrading, hostile offensive or humiliating environment for the employee in question. This is wide spectrum, and covers all types of harassment.
Such actions can be:
In addition, while the conduct must be unwanted by the recipient, it does not necessarily have to be that the harasser has a motive or an intention to harass. So it is still harassment even if the harasser does not know there is harm caused by their actions.
Employers can avoid liability for discrimatory harassment if they can prove that they took such steps that were reasonably practical to prevent harassment from occurring.
However, employers cannot use this defence to a claim of harassment under the Protection from Harassment Act 1997
, under which they will have vicarious liability
for the actions of their employees.
Employees should certainly be made aware that the Employer takes seriously any claim of harassment, and that such actions would be considered an act of Gross Misconduct.
If there is an outcome that harassment took place, then the Employer should consider what penalty to impose against the harasser. This may be outright dismissal for Gross Misconduct
, or in some circumstances they may be transferred away to another office or department where they will not come into contact with the complainant. If the harassment is deemed to have been of a less serious nature, then the issue of a final written warning to the harasser may be appropriate.**
creates the offence of harassing a contract debtor.
.
Section 5 creates the offence of harassment, alarm or distress
.
This Act provides means whereby intentional harassment, alarm or distress
is a criminal offence. This makes all forms of harassment illegal, punishable on conviction by a six month jail term or a £5,000 fine. It is necessary to prove that the harasser's actions were intentional, and that someone was actually harmed by their actions.
Under this Act, it is now an offence for a person to pursue a course of action which amounts to harassment of another individual, and that they know or ought to know amounts to harassment. Under this act the definition of harassment is behaviour which causes alarm or distress. This Act provides for a jail sentence of up to six months or a fine. There are also a variety of civil remedies that can be used including awarding of damages, and restraining orders backed by the power of arrest.
Employers have vicarious liability
for harassment by their employees under the Protection from Harassment Act 1997
, (see Majrowski v Guy's and St Thomas’s NHS Trust
). For employees this may provide an easier route to compensation than claims based on discrimination legislation or personal injury claims for stress at work, as the elements of harassment are likely to be easier to prove, the statutory defence is not available to the employer, and it may be easier to establish a claim for compensation. Also as the claim can be made in the County Court costs are recoverable and legal aid is available.
In Scotland the Act works slightly differently:
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
claims, primarily in the workplace.
Introduction
Though racial and sexual discriminationDiscrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
have been unlawful under the Race Relations Acts (RRA) and the Sex Discrimination Act (SDA) respectively, it is only comparatively recently that specific legislation has defined harassment specifically as unlawful.
Because of the rise recently in awareness of the issues involved in harassment, recent trends have shown significant rises in the number of people making claims of harassment at Employment Tribunals
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal non-departmental public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales...
. If the complaint is serious, high damages may be awarded against the Employer, so it can be seen that it is important for the Employer to take seriously any allegation of harassment at an early stage and take steps to quickly resolve it.
There is also legislation in place to be able to deal with discrimination, and this legislation is distinct to that provided under the SDA and RRA.
Definition
Under the Protection from Harassment Act 1997:"A person must not pursue a course of conduct
- "(a) which amounts to harassment of another, and
- "(b) which he knows or ought to know amounts to harassment of the other."
Harassment also occurs when, on the grounds of race, disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
, sex
Sex
In biology, sex is a process of combining and mixing genetic traits, often resulting in the specialization of organisms into a male or female variety . Sexual reproduction involves combining specialized cells to form offspring that inherit traits from both parents...
, sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, belief
Belief
Belief is the psychological state in which an individual holds a proposition or premise to be true.-Belief, knowledge and epistemology:The terms belief and knowledge are used differently in philosophy....
or religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, an employer - or their agent such as another employee or a manager - engages in unwanted conduct which has the purpose or effect of violating an individual's dignity or creating an interrogating, degrading, hostile offensive or humiliating environment for the employee in question. This is wide spectrum, and covers all types of harassment.
Such actions can be:
- Physical conduct;
- Verbal conduct; and
- Non-verbal conduct.
In addition, while the conduct must be unwanted by the recipient, it does not necessarily have to be that the harasser has a motive or an intention to harass. So it is still harassment even if the harasser does not know there is harm caused by their actions.
Employer's responsibility
An employer is liable, as is the case for many other acts, for the actions of their employees during the course of employment. Though it would be relatively easier to prove that a manager or supervisor to the recipient could be guilty of harassing "during the course of employment", it may require more proof if the harasser is in a subordinate position.Employers can avoid liability for discrimatory harassment if they can prove that they took such steps that were reasonably practical to prevent harassment from occurring.
However, employers cannot use this defence to a claim of harassment under the Protection from Harassment Act 1997
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 is a piece of United Kingdom law which, among other things, criminalises and creates a right to protection from stalking and persistent bullying in the workplace.-Definition:...
, under which they will have vicarious liability
Vicarious liability
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability...
for the actions of their employees.
Preventing harassment
The best way an Employer can avoid complaints of harassment is by ensuring that harassment does not occur in the first place. The first step is to have in place an Equal Opportunities policy which, amongst other things, defines harassment and makes it clear to Employees that they should not allow it to occur. In addition, Employees must be made aware of these policies, education about them provided, and a set of consequences if they still harass made clear to them.Employees should certainly be made aware that the Employer takes seriously any claim of harassment, and that such actions would be considered an act of Gross Misconduct.
Dealing with harassment
Complaints of harassment can, by their nature, be disruptive to the workplace. If a complaint of harassment is brought up by an employee, the Employer should consider whether to deal with it either formally or informally. Usually the recipient of the harassment will be asked which approach they would like to see.Informal
If an informal approach is deemed necessary, then the alleged harasser should be informed that their behaviour is inappropriate and is causing distress. They should be warned and told that the matter will be kept under review, and that any further action deemed to be harassment may result in further action being taken against them. At all stages the Employee who complained of the harassment should be kept informed of the proceedings, and be told that if any further harassment occurs they should report it immediately so that further action can be taken.Formal
If either the alleged harassment is too severe, or the recipient wishes a formal approach to be taken, a disciplinary procedure should be taken as follows:- Get a full written statement from the complainant.
- If appropriate, suspend the alleged harasser pending the investigation.
- If possible, take statements from all staff who may have witnessed the alleged harassment.
- Ask the alleged harasser to provide a full statement of their side of events.
- Hold a disciplinary meeting with the alleged harasser so that they may have the opportunity to answer to the complaint and justify, excuse or defend their conduct - necessary if there are any elements of doubt over the alleged harassment.
- As is often the case there may be no witnesses leaving the Employer to decide between one person's word over another's.
If there is an outcome that harassment took place, then the Employer should consider what penalty to impose against the harasser. This may be outright dismissal for Gross Misconduct
Gross Misconduct
Gross Misconduct is the second album from crossover thrash metal band, M.O.D.. It was released in 1989 on Megaforce Records and Noise International and follows 1988's Surfin' M.O.D. It was three years until the band released another record, with Rhythm of Fear in 1992.-Overview:Lyrically, Milano...
, or in some circumstances they may be transferred away to another office or department where they will not come into contact with the complainant. If the harassment is deemed to have been of a less serious nature, then the issue of a final written warning to the harasser may be appropriate.**
Administration of Justice Act 1970
Section 40 of the Administration of Justice Act 1970Administration of Justice Act 1970
The Administration of Justice Act 1970 is a UK Act of Parliament. Section 11 reforms the Debtors Act 1869 by further restricting the circumstances in which debtors may be sent to prison...
creates the offence of harassing a contract debtor.
Public Order Act 1986
Section 4A, inserted by the next mentioned Act, creates the offence of intentional harassment, alarm or distressIntentional Harassment, Alarm or Distress
Intentional harassment, alarm or distress is a statutory offence in England and Wales. It is an aggravated form of the offence of harassment, alarm or distress under section 5 of the Public Order Act 1986.-The offence:...
.
Section 5 creates the offence of harassment, alarm or distress
Harassment, Alarm or Distress
Harassment, alarm or distress is a statutory offence in England and Wales. It is also a term of art used in sections 4A and 5 of the Public Order Act 1986 .-The offence:...
.
Criminal Justice and Public Order Act 1994
- The Criminal Justice and Public Order Act 1994Criminal Justice and Public Order Act 1994The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
only applies in England and Wales.
This Act provides means whereby intentional harassment, alarm or distress
Intentional Harassment, Alarm or Distress
Intentional harassment, alarm or distress is a statutory offence in England and Wales. It is an aggravated form of the offence of harassment, alarm or distress under section 5 of the Public Order Act 1986.-The offence:...
is a criminal offence. This makes all forms of harassment illegal, punishable on conviction by a six month jail term or a £5,000 fine. It is necessary to prove that the harasser's actions were intentional, and that someone was actually harmed by their actions.
Protection from Harassment Act 1997
This Act was primarily created to provide protection against stalkers, but it has been used in other ways.Under this Act, it is now an offence for a person to pursue a course of action which amounts to harassment of another individual, and that they know or ought to know amounts to harassment. Under this act the definition of harassment is behaviour which causes alarm or distress. This Act provides for a jail sentence of up to six months or a fine. There are also a variety of civil remedies that can be used including awarding of damages, and restraining orders backed by the power of arrest.
Employers have vicarious liability
Vicarious liability
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability...
for harassment by their employees under the Protection from Harassment Act 1997
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 is a piece of United Kingdom law which, among other things, criminalises and creates a right to protection from stalking and persistent bullying in the workplace.-Definition:...
, (see Majrowski v Guy's and St Thomas’s NHS Trust
Majrowski v Guy's and St Thomas’s NHS Trust
Majrowski v Guy's and St Thomas’s NHS Trust [2006] is a UK labour law case holding that an employer will be vicariously liable for the harassment of an employee by another.-Facts:...
). For employees this may provide an easier route to compensation than claims based on discrimination legislation or personal injury claims for stress at work, as the elements of harassment are likely to be easier to prove, the statutory defence is not available to the employer, and it may be easier to establish a claim for compensation. Also as the claim can be made in the County Court costs are recoverable and legal aid is available.
In Scotland the Act works slightly differently:
- A jail term of up to five years in very serious cases can be imposed.
- Civil remedies include damages, interdict and non-harassment orders backed by powers of arrest.
See also
- Employment discrimination law in the United KingdomEmployment discrimination law in the United KingdomUnited Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability,...
- UK labour law
- Sexual harassmentSexual harassmentSexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...