Harassment is quite different from bullying, and is generally described as unwanted conduct which affects the dignity of employees in the workplace and may be connected to sex, disability, race, age, religion, sexual orientation or any personal characteristic of the individual.
Bullying refers to unwanted conduct which isn’t related to gender, race, age, disability, sexual orientation or religion of the individual but more often focused on the alleged lack of competence of the bullied person.
It is important to remember that harassment does not always take place face to face, it can occur by e-mail, during phone calls and by unfair micromanagement. As with any grievance it is important to take employee’s concerns seriously, as if left, it will not only increase your chances of a receiving a claim, but may also have an adverse impact on the work environment, resulting in; high staff turnover, absenteeism, poor productivity, loss of morale, poor performance and of course increased stress levels.
A member of staff has complained that a colleague is using inappropriate language towards him. The employee is gay and the colleague continually makes jokes and references to his sexual preference. We have spoken to the employee in question and they say that they are only having a laugh but still continue with the snide remarks and jokes. What should we do?
These remarks are unnecessary and could be classed as discriminatory on the grounds of Sexual Orientation. It is great that you have already tackled the issue but would suggest that you now take a harder route and start formal disciplinary proceedings. If the conclusion after the investigation is that harassment has taken place, consider your penalty. In serious cases, the likely outcome will be dismissal, although in some circumstances it may be appropriate to transfer the harasser. With harassment of a less serious nature, a final written warning could be appropriate.
We have a number of shop floor workers who have 'pin ups' in their work areas. Another worker has indicated that they feel uncomfortable when they walk by these workstations although do not work in direct view of the pictures. The pictures are the usual 'page 3' pin ups and in national papers every day. What should we do?
Harassment occurs where an employer engages in unwanted conduct, which has the purpose or effect of violating an individuals' dignity or creating an interrogating, hostile, degrading, humiliating or offensive environment for the individual. It is irrelevant whether the harasser intended to cause offence - harassment is judged by how the behaviour is received, and the display of these pin-ups could therefore be viewed as an act of harassment and as such would be covered by discrimination legislation.
Under this legislation the employer can be liable for the acts of its employees in the course of their employment. We would suggest that the 'pin ups' are taken down to avoid any further claims of harassment. It may be worth checking to see if you have an equal opportunities policy and harassment policy. For further help on writing these policies feel free to call us.
|
