What is harassment?
It occurs when one person’s or a group’s behaviour towards another gives offence. For example, such behaviour may take the form of remarks designed to embarrass, inappropriate jokes or ridicule, unwelcome physical contact, suggestions or demands for sexual favours, racial shunning or segregation or racial abuse. It can be similar to bullying.
What is the legal position?
While Jersey has no specific legislation dealing with such issues, it is well known that harassment in its various forms can lead to stress-related illness. Under Jersey’s Health & Safety at Work Law (Article 3), it is the duty of every employer "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees." It follows, therefore, that employers can be liable for the actions of their workers at work or in a work-related situation unless they can prove that they have taken all reasonable steps to prevent harassment occurring. In certain circumstances a worker could, therefore, make a claim to the Court and sue an employer for stress due to harassment if that employee could no longer continue in his job.
What should workers do if they believe they have been harassed at work?
Workers should initially make a formal grievance or complaint to the employer (click here for more on grievances). If workers believe that their employer has ignored their concerns about harassment that they have suffered at the hands of fellow workers, has undermined their position and failed to provide them with the support necessary to undertake the job, they may be able to claim that the employer’s conduct has breached their contract of employment. An employee may then be able to claim breach of contract through a Court. Before taking legal action, employees should consider contacting JACS, whose advisors will willingly speak to the employer in an attempt to resolve matters.
What should employers do to try to combat harassment at work?
It is advisable to set up a separate complaints procedure for harassment. Employees may be reluctant to use the grievance procedure if the complaint is of a personal nature or if the harasser is the worker’s line manager. JACS can help employers and workers to draw up such policy.
What is bullying?
It is regular intimidation that undermines the confidence and capability of the victim. Bullying can take the form of verbal abuse, violent gestures, physical violence, allocation of blame and ’picking on’ workers unfairly, public humiliation of workers, or a more ’subtle’ war of words to undermine the worker’s confidence. It can be similar to harassment.
What are the legal implications?
In common law employers are bound to provide a safe working environment, which includes freedom from bullying. Workers may take civil court action if employers fail to take reasonable steps to prevent bullying which causes harm to the worker. Damages may be awarded to workers in such cases. (In the UK, workers may also claim that in serious cases bullying amounts to constructive dismissal and make a claim to an employment tribunal).
How should employers deal with bullying at work?
- Make prompt enquiries
- Initially counsel bullies to enable them to change their offensive behaviour
- If bullying continues carry out an investigation and if necessary take disciplinary action.
How should employers deal with bullying at work?
JACS can offer advice
JACS publications
Bullying and harassment at work - a guide for managers and employers
Bullying and harassment at work - a guide for employees
Tim Field’s workplace bullying home page www.successunlimited.co.uk
Victim Support Tel: (01534)769700
Information on dealing with racial violence and harassment is available on www.homeoffice.gov.uk/reu/reu.htm.
The Equal Opportunities Commission can be contacted on 0161 833 9244 or look at their website at www.eoc.org.uk