Is It Harassment If Supervisor Keeps Following Workers Around

Harassment is where someone creates an atmosphere that makes you feel uncomfortable - this could be because y'all feel offended, intimidated or humiliated.

If yous're being bullied, your situation might likewise be harassment nether the Equality Human action 2010. If information technology is, you can take activeness under that police.

If the bullying isn't harassment under the Equality Act y'all might be able to bargain with the problem some other way.

It might be harassment if someone'southward:

verbally abused you
asked very personal questions, for example well-nigh your disability or religion
put upwardly posters that make you experience uncomfortable
made rude physical gestures or facial expressions towards yous
told you jokes of a sexual nature
fabricated comments you lot find offensive, for example on social media

If your colleagues say the behaviour was simply friendly banter, it might still be harassment if it meets the definition of harassment in the Equality Act.

If the harassment is very serious, it might as well be a crime. For example, it'due south a criminal offense if someone has sexually assaulted you or made concrete threats. Contact the law if y'all're worried about your safety.

Bank check what'southward harassment nether discrimination constabulary

For all types of harassment, the behaviour yous're lament almost has to exist something you didn't want. The police force calls this 'unwanted conduct'.

Yous also e'er need to show that the person who harassed you meant to brand yous feel a certain way, or that you lot felt that way even though it wasn't their intention. This is called 'purpose or consequence'. If the person didn't mean to brand you experience this mode, information technology also has to exist 'reasonable' that you felt that way.

Yous need to show that the purpose or effect of the conduct was that information technology violated your dignity or created an environs that:

humiliates you
offends you
intimidates you lot
is hostile
is degrading

You also accept to show that your state of affairs is covered by one of the 3 types of harassment in discrimination law.

The beginning type is where the unwanted conduct is related to a relevant 'protected characteristic' similar sexual activity or race.

The second blazon is where the unwanted bear is of a sexual nature.

The third type is where you're treated worse considering of rejecting or submitting to unwanted sexual behaviour or behaviour related to gender reassignment or sex. This is chosen 'being treated less favourably'.

It doesn't matter if the behaviour is directed at you or not - for instance, if yous overhear your colleagues making racist jokes or comments to each other.

Harassment is covered by Section 26 of the Equality Deed 2010.

The Equality Act protects you confronting harassment related to 'protected characteristics' like religion or being disabled.

If your harassment is related to pregnancy or maternity, y'all should have action under harassment relating to your sex.

The protected characteristics covered in sections v to 12 of the Equality Act are:

Age

The constabulary covers you for discrimination well-nigh beingness:

young or old
in a particular age grouping - like 15-xviii or nether lx
of a specific age - like forty year olds

Historic period is divers in section v of the Equality Act 2010.

Disability

You're covered for a inability y'all take now and any you've now recovered from. A disability could be concrete or mental - you could be covered fifty-fifty if you don't consider yourself disabled.

You should check if your disability is covered by the Equality Human activity.

Disability is defined in section 6 of the Equality Act 2010.

Gender reassignment

The law covers 'gender reassignment' - this ways if you're transgender.

You're covered if you lot:

are planning to transition - you don't need to have had any medical handling
are in the process of transitioning
have already transitioned

If y'all identify as non-binary but yous aren't transitioning, you might be covered but the constabulary is complicated. You'll need to get specialist advice before you go any further.

Gender reassignment is defined in department seven of the Equality Act 2010.

Race

This includes your:

color - for instance if you're blackness or white
nationality
ethnic origin - for example if you're a Romany Gypsy
national origin - this could be different from your nationality, for example if your family is from Republic of india merely you take a British passport

If you're non sure what race ways you can read a more detailed clarification in the EHRC Code of Do on Employment, chapter two.

Race is defined in department 9 of the Equality Act 2010.

Faith or belief

This includes:

belonging to an organised religion, for instance if you're Jewish
having a religious belief, for example you need to pray at certain times
having no religion, such every bit being an atheist
your philosophical behavior, similar beingness a pacifist

Religion or conventionalities is defined in section 10 of the Equality Human activity 2010.

Sex

This is whether y'all're a man or a adult female.

If you identify every bit non-binary you might be covered but the law is complicated. You'll need to go specialist communication before you go any further.

Sexual activity is defined in department eleven of the Equality Human activity 2010.

Sexual orientation

You're covered if you're gay, a lesbian, straight or bisexual.

Sexual orientation is defined in department 12 of the Equality Act 2010.

If you were harassed because of a protected characteristic

It could be harassment if someone has made sexist comments to you, or sent you lot abusive emails about your race.

The constabulary says the behaviour must create 'an intimidating, hostile, degrading, humiliating or offensive environment for you' or 'violate your dignity'.

Show what happened was 'unwanted acquit'

Yous'll need to prove the behaviour was 'unwanted' - you don't demand to have asked the person to stop.

Your employer might debate information technology'southward not unwanted if you've done similar things yourself. For instance if you've told racist jokes before, your employer might say you lot can't be offended past other people telling racist jokes.

You'll need to explain why what happened to you was unwanted - for example because it was more serious.

The harassment doesn't have to be related to your own protected characteristic for yous to have activeness. For instance, you might be offended by a racist affiche in your part. It doesn't matter what race yous are - you could exist offended or intimidated.

If yous're being treated unfairly and you're non sure if it's related to a protected feature, look at the evidence. For example if you just started being treated unfairly after people found out yous're gay, it might be related to a protected feature.

Show that what happened had the 'purpose or effect' of offending you lot

You'll need to show:

the person who harassed you meant to offend you - this is called having 'the purpose' of offending you
y'all were offended past what happened, even if someone didn't mean to offend you - this is the 'effect' information technology had on you

If the person didn't mean to offend y'all, it will only exist harassment if it was 'reasonable' for you to exist offended.

For example if you started a conversation about faith and your colleague criticises your behavior but isn't offensive, your employer might say that it wasn't reasonable for you to be offended.

If you're thinking of taking your case to a tribunal, check what the court will take into business relationship when making a decision about 'purpose or effect'. It'due south section 26(4) of the Equality Act 2010.

If you were sexually harassed

This can exist any unwanted sexual behaviour and doesn't have to be directed at you - including comments about your appearance or seeing naked pictures of people in the office.

The law calls this 'unwanted conduct of a sexual nature'. It says the behaviour must create 'an intimidating, hostile, degrading, humiliating or offensive environment for you' or 'violate your nobility'.

Evidence what happened was 'unwanted acquit'

You don't need to have asked the person to stop for it to be unwanted. Your employer might say it's non 'unwanted' if you've done similar things yourself. You lot'll need to explain why what happened to yous was unwanted - for instance, because it was more serious.

Example

Fleur has joked with a male colleague near a sexual Tv set programme. A few days later, he says her clothes brand her breasts expect good and she should wear tight trousers too.

This might nonetheless be harassment, because it's a personal comment about her body. It'southward dissimilar to the conversation she had, which wasn't personal.

Show that what happened had the 'purpose or effect' of offending you

Yous'll need to evidence:

the person who harassed y'all meant to offend yous - this is called having 'the purpose' of offending you
y'all were offended by what happened, even if someone didn't hateful to offend you - this is the 'upshot' it had on you lot

If the person didn't mean to offend you, information technology volition merely exist harassment if it was 'reasonable' for you to be offended.

For example if y'all're asked out one time by a colleague, information technology's probably not harassment - fifty-fifty if it makes you uncomfortable. This is because it's not ordinarily reasonable for you to be offended - unless it happens in a way that meets the definition of harassment.

If you're thinking of taking your case to a tribunal, check what the court will have into account when making a determination virtually 'purpose or effect'. It's section 26(4) of the Equality Act 2010.

If yous're treated worse or differently after you were harassed

This is where you're treated differently or worse considering of how you reacted to:

sexual harassment
harassment related to sexual activity
harassment related to gender reassignment

The constabulary calls this being treated 'less favourably' because of your reaction to the harassment. It doesn't thing if your reaction was to take or reject the harassment.

Example

Meena's director has asked near her sexual relationship with her husband. She tells him to stop as it makes her uncomfortable. He then gives her a written warning most her performance at piece of work.

If the reason he gave her a alarm is because of how she reacted to his comments, then it'south another incident of harassment.

Check if your employer is responsible for the harassment

You lot can only take legal action about harassment if yous are a worker protected by the Equality Act 2010.

You lot don't have to have a written contract for your employer to be responsible for discrimination confronting you. You're covered past the law if you're:

an employee
an apprentice
working under an agreement with them that y'all'll personally do piece of work and they'll pay y'all for it
a former employee

This includes casual and cipher hours workers and some self-employed people and freelancers.

In that location are actress rules to protect people who are employed by one concern but piece of work for another, such as bureau workers.

If your contract says yous tin can send someone else to do the work

You might yet be protected if y'all don't have complete liberty to send someone else to do the work in your identify. You'd take to argue that the term in your contract doesn't reverberate your real piece of work situation.

Example

Carol works for a car valeting company based at an aerodrome. She has a written contract which says she'southward self-employed and can send another person to do her job if she doesn't desire to go into work.

In reality, workers demand security clearance to work at the airport and it's unlikely they'd allow her bring in whoever she wants to exercise the work. She's also told when to work, has to use the company'south cleaning products and clothing their uniform.

Because Carol doesn't transport someone to do the piece of work in her place, and works under the authority of the valeting visitor she'll be protected under the Equality Act 2010.

If yous're paid by one company merely work at another - agency workers and contract workers

If y'all're an bureau or contract worker you lot can complain to either the company that employs and pays you lot or the place you actually work (called the 'Principal' in the law). Y'all could also complain to both - it depends who'south actually responsible for the discrimination.

Example

Paola is employed by an agency which has constitute her work at a local factory packing boxes. When she tells the director at the factory she's pregnant he tells her to get home because they need to talk to the agency to make sure the work is rubber for her.

The agency calls her subsequently that day and tells her the factory don't want her to piece of work there any more. The agency say they'll endeavor to find her other work simply she hears nothing from them. Paola could take activity confronting both the manufacturing plant and the agency if the reason they've stopped giving her piece of work is because she's significant.

Contract and bureau workers are protected from discrimination under section 41 of the Equality Act 2010.

Bank check if you lot're a worker who'south protected in some other way

Some types of workers are protected from discrimination even though they don't normally take employment rights, for instance:

police force officers
office holders
members of Express Liability Partnerships
barristers and advocates

You tin can read more about these situations in Affiliate xi of the EHRC Code of Exercise on Employment.

People who won't be covered

There are some groups of people who aren't covered by the Equality Act 2010.

Volunteers

You won't be able to take action well-nigh discrimination at work if you're a volunteer.

People working illegally

The two most common situations in which yous might be working illegally are:

where y'all don't have the right to work in the U.k.
you're working in a situation where you've agreed with your employer to avoid paying income revenue enhancement and national insurance

This tin can affect your ability to make a legal claim about discrimination just you should get specialist advice.

If you're genuinely self-employed

You won't exist covered by discrimination law if you are genuinely self-employed. This means that you take a contract to work but yous can send a substitute, are in control and can run your own business concern in order to brand a turn a profit. For example yous're probably self-employed if you can charge more for the work you do.

If you lot're harassed by a colleague

Your employer is responsible for any harassment done past whatsoever of your colleagues if the discrimination happens to y'all at:

work
work-related events or business concern trips - like an office away day
social events organised by them - similar an office Christmas party or a work-related dinner

If a colleague is harassing you, they and your employer are both responsible. The name in the law for your employer's responsibility is 'vicarious liability'. This is covered in section 109 and section 110 of the Equality Deed 2010.

You can't unremarkably take activity against your employer if you've been discriminated against by customers or staff from other companies. However, they still have a duty to protect you lot from discrimination if they know information technology's happening.

They might also be responsible if the discrimination was done by someone they gave dominance to, for case a consultant who made redundancies for them. The law calls this person an 'agent'.

If y'all're non sure whether your employer should have done more to protect you, you can get help from an adviser.

Your employer is responsible for the discrimination fifty-fifty if they didn't know well-nigh information technology or approve of it.

Your employer might be able to fence they're not responsible for the harassment by a colleague if they can show they did everything they reasonably could to prevent information technology happening.

It's not enough for your employer to have an equal opportunities policy - they'll need to show they couldn't have reasonably done anything more.

Example

Jonathan is beingness sexually harassed by his manager. He complained to the homo resources squad simply they haven't done anything almost information technology.

Jonathan's company has a policy against sexual harassment. They give all new managers training about it and tell them anybody who breaks the rules will exist disciplined. However, Jonathan knows some of his colleagues take also complained about sexual harassment in his office and zero has been done about it.

In this situation, the employer has taken steps to finish managers from harassing other colleagues at piece of work. But they've ignored several complaints and they don't accept a policy for investigating them, so they probably couldn't say they've taken all reasonable steps to prevent harassment.

Jonathan could take activeness against his employer. They'll be responsible for the harassment because it happened in work and they didn't practise enough to prevent it. He could also take activity against his manager considering they're personally responsible too.

Who to have activity against

Usually it'south better to accept action against your employer rather than the colleague who harassed you. This is because when you lot take action against someone, you might have to deal with letters or phone calls from them - this tin exist upsetting. They might also find out personal details about you as part of the case, for example your accost or medical history. You might experience uncomfortable nearly someone who's harassed you lot having this information.

If yous take action against your employer, you'll probably be dealing with someone from the Hour section or a lawyer instead.

Information technology might exist improve to have action against both of them if you think:

your employer will be able to debate they're not responsible for your colleague's behaviour
your employer could shut down or stop trading to avert you taking activity

You lot should ever go aid from an adviser before you decide to have activity against a colleague.

If the person who discriminated was told to or helped by someone else

The person who gave the orders could be responsible as well as the person who actually discriminated confronting you. For example if one of the directors of your visitor tells the Hr team not to hire anyone over l, the director and the HR staff could both be responsible.

The legal name for ordering someone else to discriminate is 'instructing, causing or inducing discrimination'. The legal name for helping someone else to discriminate is 'aiding bigotry'.

This is covered in section 111 and department 112 of the Equality Act 2010.

You can find out more in Chapter 9 of the EHRC Code of Practise on Employment.

If you're protected by the Equality Human activity

Your next footstep is to determine what to exercise about discrimination at work.

The harassment might as well count as a 'hate criminal offence' or 'hate incident'. You can check what to practice if you've experienced a hate offense or detest incident.

If y'all aren't protected past the Equality Act

At that place are withal things yous can exercise to make the harassment stop. You lot can:

try to solve the problem by talking to your employer
cheque if you can take action using different harassment laws

Further help

Rights of Women sexual harassment at work helpline

If you're a woman experiencing sexual harassment at work, you can get free employment legal advice from the Rights of Women helpline: 020 7490 0152

Opening times:

Monday 6pm to 8pm (airtight depository financial institution holidays)
Tuesday 5pm to 7pm
Wednesday 5pm to half dozen.30pm

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