How workplace harassment can go both ways

Status does not confer special protection regarding bullying or sexual harassment.

Bullying has been hitting the headlines in recent weeks, demonstrating that no matter how high you fly, wings can be burned. It is behaviour that has seen Dominic Raab and other high-profile individuals forced to resign for behaviour that has left staff feeling intimidated.
  
"These cases show the importance of having the right policies and working practices in place and for organisations to work on creating the right working environment for everyone," explained Deborah Foundling, Employment Expert at Warner Goodman.  

In the UK, the Equality Act 2010 prohibits discrimination and harassment related to protected characteristics, including Age, disability, gender reassignment, marriage, civil partnership, race, religion, belief, sex, sexual orientation, pregnancy and maternity.

And while bullying itself is not against the law, it can quickly become harassment, which is unlawful. Harassment is when a worker is subjected to unwanted conduct related to a protected characteristic that violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Examples include offensive sexual comments or abusing someone for their race, religion or sexual orientation.  

It means all employers have a duty of care to protect their workers and may be liable for discrimination or harassment in the workplace if they have not taken reasonable steps to prevent it.  

High-flying government minister Dominic Raab was accused of bullying by civil servants at both the Foreign Office and the Justice Office during his time as a cabinet minister. An independent investigation agreed, saying that he was "persistently aggressive" in meetings and had abused or misused his power in a way which could undermine and humiliate colleagues, with Raab resigning as a result.  

The working environment at the CBI has also been under investigation, with concerns raised over inappropriate behaviour, including the use of social media.

"Everyone is entitled to work in a safe environment, free from harassment, whatever the circumstances and regardless of their status within the organisation," explained Deborah Foundling, Employment Expert at Warner Goodman. "Importantly, when complaints are made against any staff member, clear action should be taken to tackle the sort of behaviour which has caused the initial problem."

Harassment is not confined to just those in more senior positions. An open working environment can help uncover instances of inappropriate behaviour at all levels and identify routes to resolve tricky relationships. In the case of McQueen v General Optical Council, a manager responsible for a neurodivergent employee was reduced to tears as a result of the behaviour of this particular employee. The Employment Appeal Tribunal upheld a decision that the employee had not been discriminated against when he was disciplined for his aggressive and disruptive conduct, which he had argued was due to his recognised disability.  

Deborah Foundling summarised, "This case shows that someone cannot expect their behaviour to be excused just because they consider to have justifiable reasons for acting in such a way. Especially if their behaviour creates an intimidating, hostile, degrading, humiliating or offensive environment for other employees concerning a protected characteristic of those employees. The old adage 'no man is an island' comes to mind.

If you need more information or resources on harassment in the workplace, don't hesitate to contact Deborah in our Employment team on 023 8071 7415 or email deborahfoundling@warnergoodman.co.uk.