If you’ve been harassed at work (sexually or otherwise) then you may be entitled to compensation for any losses you have incurred. There’s a strict 3-month time limit from the date of the last incident of harassed to submit a complaint to the Employment Tribunal so don’t delay, call us now for a free consultation on your problem.
If you believe that you have been subjected to unwanted conduct at work then please contact us for advice.
Harassment – The Law
The Equality Act 2010 (“EA 2010”) protects a wide range of workers, including employees, from being harassed in a wide range of situations (for example, recruitment, training, and dismissal).
There are 3 ‘types’ of harassment at work:
- Unwanted conduct harassment
- Sexual harassment
- Submission or non-submission harassment
Unwanted conduct harassment is defined as:
- Unwanted conduct
- That has the purpose or effect of
- Creating a humiliating, offensive, degrading, intimidating or hostile environment for you, or of violating your dignity
Sexual harassment is similar to the unwanted conduct definition but the unwanted conduct must be sexual in nature.
Submission or non-submission harassment relates to the less favourable treatment of a worker because they have submitted or failed to submit to sexual harassment or harassment related to sex or gender reassignment. The less favourable treatment must have the purpose or effect of creating a humiliating, offensive, degrading, intimidating or hostile environment for you, or of violating your dignity.
You must prove that on the balance of probabilities such conduct occurred and that it did have one of the above purposes or effects. Although your employer is vicariously liable for the harassment of any of its employees it is also subject to a duty under s.40 EA 2010 to take reasonably practicable steps to prevent harassment of a worker if such harassment has been brought to its attention on no less than two previous occasions.
Harassment – Remedies and Compensation
If you were to be successful in a harassment complaint to the Employment Tribunal then depending on the circumstances you may be awarded a sum in compensation (including compensation for injury to your feelings). The Tribunal can also make a declaration of the rights of both parties and make an appropriate recommendation (such as reinstatement, if applicable, or an apology).