Whether you are a business owner or an employee you are in the right place. We believe everyone should ‘Thrive’ in the work place and when problematic situations arise within a business we know how overwhelming and complicated the law can be. Therefore, we have created simple step by step guides which assists you through complex areas of law when urgent legal advice is required.
Our ‘top tip articles’ skips through the legal jargon and presents an easy and simple break down of all the employment areas we can assist you with.
Bullying and harassment
Knowing what bullying and harassment is;
Bullying itself is not against the law but harassment is unlawful under the Equality Act 2010. This can include behaviour that makes someone feel intimidated, offended, degraded or humiliated..
Did you know?
Acas statistics shows us that from a survey done on how many grievances relating to bullying and harassment are made in a workplace with 10 or more employees increased from 3% of workplaces had received at least one complaint prior 1998 to 7% by 2004.
Examples of such unwanted behaviour could include:
- Spreading malicious rumours in the work place.
- Being treated unfairly, being excluded or being picked up on your performance when it’s unwarranted
- Being picked on or being undermined regularly
- Being denied of training or promotion opportunities for no fair reason
Harassment is also a form of discrimination which can be related to;
- Marriage and civil partnership
- Pregnancy and maternity
- Religion or belief
- Sexual orientation
Harassment can happen;
- Face to Face
- By letter
- By email
- By phone
Employer top tips;
This behaviour is not always obvious to you and can happen without you knowing. It is important for an employer to being fully aware of this behaviour within their work place to avoid potential claims. It is very important that your make your staff aware of their options when dealing with harassment.
For an employer, bullying and harassment in your workplace creates at unhappy environment which results in a unproductive workforce effecting work being done, higher staff turnover, absences, bad reputation and time and money spent legal cases
We understand that having to experience harassment can be distressing and you are not always confident enough to complain or you don’t know who to go to if the harasser is your manager. However, this is not something you have to deal with as part of your job. Your employer has a duty of care to protect your welfare and if you bring a complaint of harassment forward they are obliged to take action.
What can you do?
Unfortunately, many employees who are victims to such harassment feel they have no choice but to leave their roles, but we are here to inform you of the options available to you and your legal rights in order to take action if necessary.
- We would advise to try and resolve this informally if it is safe to do so.
- Raise the issue with you employer
- Take legal action
We encourage you to contact us if you need any help with the above and we can support you through this difficult time.
What Thrive can do to support you
Being forced into this situation in your work can be horrifying and have a negative effect on your mental health. Thrive has a community of wellbeing and mental health that we invite you to be a part of.
What is a constructive dismissal claim?
This is when an employee feels forced to resign because of the actions of their employer.
These claims can be difficult therefore we highly recommend you sough legal advice before making the decision to resign.
Employers must have made a serious breach of contract, an employer acting unfair or unreasonably will not be enough to justify a constructive dismissal claim.
Examples of situations where an employee constructive claim;
- For being demoted for no good reason
- Being harassed or discriminated against by either the employer or colleagues
- Changing hours or place of work without agreement and without the contractual right to do so.
- An employer refuses to raise your grievous
- Being given an excessive workload continuously
- Consistently being paid incorrectly
Your dismissal could be unfair if your employer doesn’t
- Have a good reason for dismissing you
- Follow the company’s formal disciplinary or dismissal process
An unfair situation can include
- Reasonable adjustments
- Gross misconduct
- Settlement agreement
- Contract and policy drafting
- Post termination restriction and restraints of trade
- Disciplinary and grievance procedures
- Managing sickness absences
- Redundancy advice
- Early conciliation
- Employment representation and advocacy