Bullying & Harassment in The Workplace

Being harassed or bullied at work can make you feel anxious, frustrated, and humiliated. It can lead to illness, job insecurity, and even resignation. But what actions can you take if you are facing harassment, bullying or victimisation in the workplace?

Harassment includes unwanted conduct related to a protected characteristic like gender, race, age, disability or religion that violates your dignity or creates an intimidating environment. Single serious incidents can count as harassment, as can ongoing joking or banter if you’ve made clear it is unwelcome.

Conduct may be harassment whether or not the person behaving in that way intends to offend. Something intended as a 'joke' may offend another person. Different people find different things acceptable. Everyone has the right to decide what behaviour is acceptable to them and to have their feelings respected by others. 

Behaviour that any reasonable person realises would be likely to offend, will be harassment without the recipient having to make it clear in advance that behaviour of that type is not acceptable to them, e.g. sexual touching. A single incident can be harassment if it is sufficiently serious.

It may not be so clear in advance that some other forms of behaviour would be unwelcome to, or could offend, a particular person, e.g. certain 'banter', flirting or asking someone for a private drink after work. In these cases, first-time conduct, which unintentionally causes offence, will not be harassment but it will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that such behaviour is unacceptable to him or her.

Harassment can be (but is not limited to):

1. Unwanted conduct, verbal or otherwise, which affects the dignity of people at work, including bullying or intimidating behaviour
2. Creating an intimidating, hostile, degrading, humiliating or offensive working environment for others
3. Sexual, racial, physical, verbal, ageist, sexual orientation, disability or religious banter
4. Sarcastic or offensive personal remarks about colleagues.

Sexual Harassment

Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. 

Examples of sexual harassment include:

• sexual comments or jokes
• displaying sexually graphic pictures, posters or photos
• suggestive looks, staring or leering
• propositions and sexual advances
• making promises in return for sexual favours
• sexual gestures
• intrusive questions about a person’s private or sex life or a person discussing their own sex life
• sexual posts or contact on social media
• spreading sexual rumours about a person
• sending sexually explicit emails or text messages, and
• unwelcome touching, hugging, massaging or kissing.

Less Favourable Treatment

Less favourable treatment is when someone is treated differently to someone else. Less favourable treatment for rejecting or submitting to unwanted conduct occurs when:

• Someone is subject to unwanted conduct of a sexual nature, related to sex or related to gender reassignment.
• The unwanted conduct has the purposes or effect of violating the person's dignity, creating an intimidating, hostile, degrading, humiliating or offensive environment for the person; or
• A person is treated less favourably because they submitted to or rejected the unwanted conduct.

Bullying

Bullying is sustained psychological abuse meant to undermine you, such as demeaning comments, ridicule, overwork, or blocking promotion opportunities. Bullying and harassment are not necessarily taking place face to face. They may also occur in written communications, email, phone, and automatic supervision methods such as computer recording of downtime from work or the number of calls handled if these are not applied to all workers.

Bullying is offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power that is meant to undermine, humiliate or injure the person on the receiving end and often resulting in a significant loss of confidence. 

Examples of bullying actions/ behaviours:

• Personal insults by word or behaviour; 
• Unwanted horseplay or practical joking; 
• Spreading malicious rumours or gossip
• Demeaning comments and unwelcome remarks about a person’s dress, appearance or age; 
• Making belittling remarks;  Ridiculing or demeaning someone 
• Embarrassing an employee in public
• Ostracisation or victimisation; isolation or ‘freezing-out’
• Unfair treatment
• Coercion, Shouting at employee
• Copying emails that are critical about someone to others who do not need to know
• Undermining an employee’s integrity
• Overbearing supervision or other misuse of power or position
• Withholding information deliberately
• Giving employees unachievable tasks & setting impossible deadlines; being over demanding or unreasonable or ’setting an employee up to fail’
• Making threats or comments about job security without foundation
• Giving an employee meaningless tasks or unpleasant jobs
• Regularly, deliberately undermining a competent employee by overloading and constant criticism and undervaluing an employee’s contribution –- not giving credit where it is due
• Preventing employees progressing by intentionally blocking promotion or training opportunities

This list is not intended to be exhaustive 

Bullying and harassment make someone feel anxious and humiliated. Feelings of anger and frustration at being unable to cope may be triggered. Some people may attempt to retaliate in some way. Others may become frightened and demotivated. Stress, loss of self-confidence and self-esteem caused by harassment or bullying can lead to job insecurity, illness, absence from work, and even resignation. Almost always job performance is affected and relations in the workplace suffer.

Victimisation is treating someone less favourably than others because they have, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing him or her or someone else, or supported someone to make a complaint or given evidence in relation to a complaint. This would include isolating someone because they have made a complaint or giving them worse work.

Provided that employees act in good faith they have a right not to be victimised for making a complaint or doing anything in relation to a complaint of bullying or harassment.

Both harassment and bullying make you feel belittled. Your work and health suffer. So what should you do?

Dealing with bullying and harassment at work is crucial for maintaining a healthy and productive workplace. Here's a step-by-step guide on how to handle these situations:

1. Recognise and Understand the Behaviour:
   • Be aware of what constitutes bullying and harassment. This can include verbal abuse, offensive jokes, intimidation and any behaviour that creates a hostile work environment.
2. Keep a Record:
   • Document each incident. Include dates, times, locations, individuals involved and detailed descriptions of the behaviour. This documentation will be valuable if you need to escalate the issue.
3. Review Company Policies:
   • Familiarise yourself with your company's policies on bullying and harassment. This information is typically found in the employee handbook or company code of conduct. Understand the reporting procedures outlined by your organisation. Employment Tribunals expect you to follow the reporting procedures.
4. Speak Up and Set Boundaries:
   • If you feel safe doing so, address the person directly. Clearly and assertively express that their behaviour is unacceptable and ask them to stop. Keep a record of this conversation as well.
5. Talk to a Trusted Colleague or Manager:
   • Share your experiences with a trusted colleague or supervisor. They may provide guidance, support or direct intervention. Some companies have designated individuals like HR representatives who handle these matters.
6. Formally Report the Incident:
   • If the issue persists or escalates, follow your company's reporting procedures. This often involves submitting a formal written complaint to your human resources department or another designated authority.
7. Provide Evidence:
   • When reporting, present your documented evidence. This helps HR or management to better understand the situation and take appropriate action.
8. Seek External Support:
   • If the internal processes do not resolve the issue or if you fear retaliation, consider seeking external support. 
9. Take Care of Your Well-being:
   • Dealing with bullying and harassment can be emotionally challenging. Take care of your mental and emotional well-being. Consider seeking support from friends, family or a counsellor.
10. Follow Up:
    • After reporting the incident, follow up with HR or the designated authority to check on the progress of the investigation. Understand the steps being taken to address the issue.
11. Know Your Rights:
    • Familiarise yourself with your rights as an employee. In the UK, employees have the right to a workplace free from bullying & harassment and there are legal avenues & remedies available if internal processes fail.
12. Training and Prevention:
    • Advocate for training programs and initiatives aimed at preventing bullying and harassment in the workplace. A proactive approach can help create a positive and inclusive work environment.

Remember, every workplace is different, and the effectiveness of these steps may vary. If you feel that your concerns are not adequately addressed, seeking external employment advice might be a necessary next step.

You have a right to be protected from victimisation for making a good faith complaint. Provided you act honestly, your employer cannot treat you unfavourably for coming forward.

However, raising grievances internally does not always go smoothly. You may face disbelief, inaction or retaliation. Plus, it helps to have expert guidance on UK laws and processes when making complaints.

This is where Your HR Friend can help. Contact us for specialised advice on dealing with workplace harassment, bullying, or victimisation issues confidentially. We act as your ally, walking you through how to document and build an effective case. With our coaching by your side, you can approach the situation knowing your rights are protected each step of the way. Don’t struggle alone - we can level the playing field so you can address the problem from a position of strength.

Reach out now to schedule a ​​​​​free consultation​​​​​ with our employee relations experts. Together, we can tackle the problem and improve your work life for the better. You deserve to feel respected and valued at work - we can help make it happen. The first step is ​​​​​​​​​​​​contacting​​​​​​​​​​​​ Your HR Friend.