Bullying and Harassment
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 What do we mean by harassment and bullying?

'Harassment, in general terms, is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient.'

'Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.'

The legal definition is if the behaviour 'has the purpose or effect of violating the complainant’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment'.

The legal position

Individuals are protected from discrimination both while applying for a job, during it, and after the working relationship ends (for example in terms of the provision of a verbal or written reference). There is also protection for people against harassment on the basis of their membership or non-membership of a trade union and, in Northern Ireland, against harassment on the basis of political belief.

In April 2008, the Sex Discrimination Act was further amended to change the definition of sex harassment and to include for the first time employer liability for third party harassment.

What do harassment and bullying look like?

'Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious'1.
 

Harassment and bullying can range from extremes such as physical violence to less obvious forms like ignoring someone. It can be delivered in a variety of ways – with or without witnesses. and be persistent behaviour over a period of time, or a one-off act and can include: 

  • physical contact which is unwanted
  • unwelcome remarks about a person's age, dress, appearance, race or marital status
  • jokes, offensive language, gossip, slander, sectarian songs and letters
  • posters, graffiti, obscene gestures, flags, bunting and emblems 
  • isolation or non-cooperation and exclusion from social activities
  • coercion for sexual favours
  • pressure to participate in political/religious groups
  • intrusion by pestering, spying and stalking
  • failure to safeguard confidential information
  • shouting at staff
  • setting impossible deadlines
  • persistent criticism
  • personal insults.
Since October 2006 UK discrimination law has covered harassment on a variety of grounds including age, disability, colour, ethnic or national origin, race, religious belief or other similar philosophical belief, sex and sexuality.
 
 

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