by
Ryan Clement
TO DISCRIMINATE DIRECTLY AGAINST A PERSON UNLAWFULLY is to treat that person less favourably than a comparator (actual or hypothetical) in stipulated situations because of a protected characteristic such as age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; and sexual orientation.
HARASSMENT is as an unwanted conduct that relates to a relevant protected characteristic such as age; disability; gender reassignment; race; religion or belief; sex; and sexual orientation, which has the purpose or effect of violating the victim’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the victim.
NOT UNNATURALLY, Bullying and Harassment would normally fall under the same chapter/heading in the Employee/Staff Handbook. Bullying is, effectively, the unwanted conduct of the acts of bullying by the target of such acts (the victim) by the person conducting or responsible for such unwanted acts (the bully).
OBVIOUSLY, acts of bullying can take innumerable forms. It can be from the most subtle to the most obvious of acts/conducts. What is certain, however, is what is an unwanted conduct for one person may not necessarily be so for another. Therefore, what amounts to bullying is subjective to a large extent, and that subjective decision is that of the Victim (their perception) not of the Bully. In other words, one hat of interaction does not fit all. Each colleague is different and unique, and is to be treated differently and uniquely.
WORKPLACE BULLYING is real and it’s exhausting. It is not just the whispers or the snide comments; it is the constant feeling of dread. We often think it is just part of the job, but it doesn’t have to be. We deserve respect, support, and a safe environment to thrive.
IF YOU FEEL you have been bullied or harassed you may raise a grievance on those grounds. Now, this is where the two run in parallel but only to a point. An employee can present a claim of harassment to the employment tribunal whilst still employed by their employer. However, as bullying is not a standalone claim, a bullied employee cannot do the same in respect of bullying alone. If an employee has been bullied they can resign and claim constructive wrongful dismissal. However, with exceptions, they can also only bring a claim for constructive unfair dismissal if they have worked continuously for their employer for a stipulated period, which is currently 2 years. It should be noted that an harassed employee can also resign because of their harassment and bring a claim in the employment tribunal.
Copyright © Ryan Clement 2024
Ryan Clement 