Harassment and bullying

The Equality Act has resulted in some significant changes.

 

Employees can complain of harassment even if they don’t possess the protected characteristic or the harassment is not directed at them.

 

Employers can be liable for harassment of their staff by non-employees. Third party harassment - an employer can be liable for harassment of their staff by non- employees.  However, the employer will only be liable if the harassment has occurred on at least two previous occasions, knows that it has taken place and has not taken reasonable steps to prevent it happening again. 

 

 Harassment applies to all protected characteristics except for pregnancy and maternity and marriage and civil partnership. However, in practice because there is a degree of overlap with sex and sexual orientation discrimination, employers would be well advised to assume the same protection.

 

USEFUL WEBSITES 

 

Business Link
This website has a very clear summary of the main issues, guidance on how to draw up a policy and helpful links to help with harassment and bullying issues.

 

Chartered Institute of Personnel and Development
The CIPD provides a factsheet (updated in December 2011) on harassment and bullying including the legal position, employers' responsibilities and how to handle these issues. (You will need to register but the process is quick and then the resources are free). 

 

ACAS
ACAS provides guidance on harassment and bullying, from the perspective of employees as well as employers. The ACAS helpine number is 08457 47 47 47. It also has an online elearning course on harasssment and bullying.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page last edited: 14 May 2012