An In-Depth Guide To Race Harassment At Work

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Last year, Azeem Rafiq accused Yorkshire County Cricket Club (YCCC) of racism, saying

When experiencing race harassment at work, employees may be able to bring a claim to the Employment Tribunal. Within The Equality Act 2010 (EqA), race is a protected characteristic and this key piece of legislation provides protection to employees who are experiencing harassment on grounds of race. Other protected characteristics include; 

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Religion or belief
  • Sex
  • Sexual orientation

What does the EqA say?

To gain a better understanding of how harassment is made unlawful in the workplace, it is beneficial to read the piece of legislation that protects against harassment. Section 26 of The Equality Act 2010 is as follows; 

(1)     A person (A) harasses another (B) if—

(a)     A engages in unwanted conduct related to a relevant protected

characteristic, and

(b)     the conduct has the purpose or effect of—

(i)    violating B’s dignity, or

(ii)    creating an intimidating, hostile, degrading, humiliating or

offensive environment for B.

(2)     A also harasses B if—

(a)     A engages in unwanted conduct of a sexual nature, and

(b)     the conduct has the purpose or effect referred to in subsection (1)(b).

(3)     A also harasses B if—

(a)     A or another person engages in unwanted conduct of a sexual nature or

that is related to gender reassignment or sex,

(b)     the conduct has the purpose or effect referred to in subsection (1)(b),

and

(c)     because of B’s rejection of or submission to the conduct, A treats B less

favourably than A would treat B if B had not rejected or submitted to the

conduct.

(4)     In deciding whether conduct has the effect referred to in subsection (1)(b), each of the

following must be taken into account—

(a)     the perception of B;

(b)     the other circumstances of the case;

(c)     whether it is reasonable for the conduct to have that effect.

Drawing the line between lawful and unlawful conduct

In the EqA, ‘unwanted conduct’ is frequently mentioned and it can be incredibly difficult to determine whether the conduct experienced is unwanted and therefore, unlawful. Race harassment claims often are not clear-cut as the same incident can be viewed very differently by the parties involved. For example, what one person considers to be a playful joke can be demeaning race harassment to another. 

Sometimes, “banter” can be used as a defence in race harassment cases too and an employer may claim that any racist comments or behaviours were just “banter”. Whilst in some circumstances, conduct may actually be banter, this is not always the case. Even in situations where it may look like both parties are voluntarily taking part in the conduct which could be racially offensive and not taking any offence, one party may be a victim of harassment. 

Unfortunately, both parties are rarely in an equal position and the person from an ethnic minority background, for example, will not actually want to participate in the “banter”. They may just be laughing off the unwanted conduct in an attempt to fit in and prevent the situation from becoming worse for them. Even if they are laughing, they can still be on the receiving end of serious harassment due to their race. 

A characteristic of harassment is that it undermines the victim’s dignity at work or that it creates an intimidating, hostile, degrading, humiliating or offensive environment for them, and this will be taken into consideration when determining whether the conduct experienced was actually unlawful. When making a race harassment claim, the question is not what the Employment Tribunal would find offensive, it is what the victim thinks is unacceptable and offensive. 

It is important to note that race harassment at work will be unlawful if the conduct has either the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or

offensive environment. Therefore, the motive or intention can be completely irrelevant, even if it was entirely innocent, when a claim relies on the effect of the unwanted conduct. At this time, an Employment Tribunal will take into account section 26(4) of the EqA. 

Taking responsibility for race harassment at work

In race harassment cases, sometimes an employer may find themselves responsible. Unless a successful ‘reasonably practicable’ defence is brought to the Employment Tribunal, even though an employer did not necessarily approve of the unwanted conduct they may be held responsible for the comments and actions of their employees. An employer not knowing about the conduct in question will not prevent them from being held responsible either. 

The compensation provided to race harassment victims 

Commonly, the rhetoric of harassment involves jokes or unsympathetic comments about the protected characteristic of an employee, such as race. Comments of this kind are likely to be seen as offensive by the person on the receiving end of them. However, race harassment can also take on less obvious forms of treatment. For example, when an employee is deliberately left out of a certain activity, making them feel humiliated, intimidated and isolated. 

When bringing a race harassment claim to an Employment Tribunal, there are a number of different factors that will be taken into consideration when a Judge makes their ruling for compensation. In addition to the type of unwanted conduct that took place, the effect this conduct had on the victim will play a role when compensation is being awarded. 

Generally speaking, you can claim compensation for ‘injury to feelings’ in almost any harassment claim. Whilst there are some general guidelines in regards to how much you can receive for emotional distress, commonly known as the Vento Bands, to learn more in this regard it is beneficial to speak to a specialist employment lawyer. They will be able to provide you with more detailed information on how much compensation you may receive based on your individual circumstances. 

It is important to note that in addition to monetary compensation for injury to feelings, the Employment Tribunal may also rule that an employer needs to do things such as;

  • Send a written apology to the claimant
  • Arrange discrimination and diversity awareness training for employees
  • Write to all staff stating there is zero tolerance to racism in the workplace and racist jokes or banter will lead to disciplinary action being taken, including dismissal
  • Provide training to HR Officers on how to deal with discrimination complaints
  • Implement a grievance policy that is compliant with the ACAS Code of Practice
  • Implement an equal opportunities policy

For example, in the case of Ms Anne Giwa-Amu v Department for Work and Pensions (Cardiff), the Claimant was awarded £42,809.32 compensation for injury to feelings, £31,102.57 in respect of past losses and £169,723.95 in respect of future losses. The tribunal also made several recommendations to obviate or reduce the adverse effects of the discrimination on the Claimant, including; 

 

“ 81.4.     On or before 25th May 2020, Peter Schofield (Permanent Secretary) and Debbie

Alder (Director General of HR) or equivalent, should read the Liability and Remedy

Judgments in this case and arrange a meeting with the Claimant (if she wishes to attend

such a meeting) to:

81.4.1.     identify the failings in policies and procedures;

81.4.2.     discuss the lessons that can be learnt from the Claimant’s experience as recorded in these Judgments; and

81.4.3.     provide the Claimant with a written apology having reflected upon the judgments.

81.5.     On or before 25th May 2020, the Respondent should approach the Equality and

Human Rights Commission and seek their assistance in reviewing the Respondent’s Equality Act 2010 and diversity awareness training, with a view to implementing effective training throughout the Respondent’s organisation on or before 25th May 2021.

          “

Ultimately, the ruling made by an Employment Judge can differ quite considerably from one race harassment case to another depending on multiple factors and circumstances. It can be difficult to predict what the outcome of a case will be, but an employment law specialist will be able to provide you with some expert guidance in this regard. 

Speaking to a specialist about race harassment claims 
Should you wish to speak to an employment law specialist about race harassment in more detail, please do not hesitate to contact Damian McCarthy today. Damian has advised and acted for a number of employees who have suffered race discrimination, including; direct discrimination, indirect discrimination, harassment and victimisation. Regardless of what unwanted conduct you have experienced in relation to a protected characteristic, Damian will do all he can to assist you and help you to get the justice you deserve. Damian has represented clients at the highest levels and he is no stranger to handling complex employment law cases. So, with his extensive experience in employment law, you can rest assured that you will be in the best hands when you enlist his assistance with a race harassment claim.

therae was “institutional racism” at the club and a formal inquiry was launched.

Azeem Rafiq made a staggering 43 claims in total and subsequently, 7 of these claims were upheld. These claims were inclusive of players repeatedly using racially offensive terms towards him and the investigation concluded that he was the victim of racial harassment.

However, whilst the investigation revealed that at least one player admitted to using racially offensive terms, this player is insistent that he had no idea he was causing offence with his comments. The investigation has brought to light that many use racially offensive terms as ‘friendly banter’ without necessarily realising that these comments are creating an intimidating, hostile, degrading, humiliating or offensive environment.

It goes without saying that racial harassment has no place in sport, yet it is clear that many do not understand the consequences of ‘banter’ and what their unwanted comments and behaviour may actually amount to in the eyes of the law. Ultimately, the comments made towards Azeem Rafiq amounted to harassment under The Equality Act 2010 and they crossed the fine line between friendly ‘banter’ and unlawful racial harassment.

Establishing when racial discrimination has occurred

It is so important that employees are aware of what constitutes racial harassment in the workplace. It can often be hard to determine what qualifies as harassment because what one person believes to be harmless banter can be considered offensive by another and it is not uncommon for racially offensive terms or racist behaviour to be overlooked as they are portrayed as ‘jokes’ or ‘banter’. Continually overlooking this conduct can have a detrimental effect on employees though and in the case of Azeem Rafiq, the harassment he experienced left him close to taking his own life.

The Equality Act 2010 (EqA) is the key piece of UK legislation that covers issues involving discrimination, harassment and bullying at work. This piece of legislation lists ‘race’ as a protected characteristic and therefore, it provides protection to anyone who has suffered unfavourable treatment due to their race.

For many, the racial harassment they experience usually involves unsympathetic comments, jokes and gestures bearing negative racial connotations. This type of behaviour is understandably seen as offensive to those who are on the receiving end of it and is generally clearly recognised as harassment. However, there are also lots of less easy to identify scenarios that incorporate racially inappropriate behaviour and racially offensive terms in more subtle forms. It is these scenarios that many do not realise can still be constituted as harassment under employment law.

All employees need to know that when harassment falls into one of The EqA categories, a claim can be taken to an Employment Tribunal. So, if you are experiencing unwanted comments and/or behaviour due to your race, you should reach out to an employment law specialist for some tailored legal advice. Being treated in a manner that causes you emotional or physical suffering is unacceptable and you should not hesitate to take legal action against your employer, if applicable, to get the justice you deserve.

Speaking to an employment law specialist in London

If you are struggling to determine whether you have been experiencing racial harassment and would like to speak to an employment law specialist in London, please get in touch with Damian McCarthy today. Damian will gladly take the time to discuss The EqA with you in more detail and answer any questions that you may have in relation to acts of harassment. Damian has more than 20 years of experience handling complex employment law cases and you can trust that he is the best employment law specialist in London to turn to.

Should you decide to take a claim to the Employment Tribunal, this is something else that Damian can assist you with and he is known for fighting “tooth and nail” for his clients. Damian can work closely with you to develop a winning strategy that will get you results and he will be totally committed to your case. Unlike other employment law specialists in London, Damian will never settle your case because it is his interest to do so either and he is passionate about ensuring your interests are protected at all times.

The Fine Line Between ‘Banter’ And Racial Harassment

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Last year, Azeem Rafiq accused Yorkshire County Cricket Club (YCCC) of racism, saying there was “institutional racism” at the club and a formal inquiry was launched.

Azeem Rafiq made a staggering 43 claims in total and subsequently, 7 of these claims were upheld. These claims were inclusive of players repeatedly using racially offensive terms towards him and the investigation concluded that he was the victim of racial harassment.

However, whilst the investigation revealed that at least one player admitted to using racially offensive terms, this player is insistent that he had no idea he was causing offence with his comments. The investigation has brought to light that many use racially offensive terms as ‘friendly banter’ without necessarily realising that these comments are creating an intimidating, hostile, degrading, humiliating or offensive environment.

It goes without saying that racial harassment has no place in sport, yet it is clear that many do not understand the consequences of ‘banter’ and what their unwanted comments and behaviour may actually amount to in the eyes of the law. Ultimately, the comments made towards Azeem Rafiq amounted to harassment under The Equality Act 2010 and they crossed the fine line between friendly ‘banter’ and unlawful racial harassment.

Establishing when racial discrimination has occurred

It is so important that employees are aware of what constitutes racial harassment in the workplace. It can often be hard to determine what qualifies as harassment because what one person believes to be harmless banter can be considered offensive by another and it is not uncommon for racially offensive terms or racist behaviour to be overlooked as they are portrayed as ‘jokes’ or ‘banter’. Continually overlooking this conduct can have a detrimental effect on employees though and in the case of Azeem Rafiq, the harassment he experienced left him close to taking his own life.

The Equality Act 2010 (EqA) is the key piece of UK legislation that covers issues involving discrimination, harassment and bullying at work. This piece of legislation lists ‘race’ as a protected characteristic and therefore, it provides protection to anyone who has suffered unfavourable treatment due to their race.

For many, the racial harassment they experience usually involves unsympathetic comments, jokes and gestures bearing negative racial connotations. This type of behaviour is understandably seen as offensive to those who are on the receiving end of it and is generally clearly recognised as harassment. However, there are also lots of less easy to identify scenarios that incorporate racially inappropriate behaviour and racially offensive terms in more subtle forms. It is these scenarios that many do not realise can still be constituted as harassment under employment law.

All employees need to know that when harassment falls into one of The EqA categories, a claim can be taken to an Employment Tribunal. So, if you are experiencing unwanted comments and/or behaviour due to your race, you should reach out to an employment law specialist for some tailored legal advice. Being treated in a manner that causes you emotional or physical suffering is unacceptable and you should not hesitate to take legal action against your employer, if applicable, to get the justice you deserve.

Speaking to an employment law specialist in London

If you are struggling to determine whether you have been experiencing racial harassment and would like to speak to an employment law specialist in London, please get in touch with Damian McCarthy today. Damian will gladly take the time to discuss The EqA with you in more detail and answer any questions that you may have in relation to acts of harassment. Damian has more than 20 years of experience handling complex employment law cases and you can trust that he is the best employment law specialist in London to turn to.

Should you decide to take a claim to the Employment Tribunal, this is something else that Damian can assist you with and he is known for fighting “tooth and nail” for his clients. Damian can work closely with you to develop a winning strategy that will get you results and he will be totally committed to your case. Unlike other employment law specialists in London, Damian will never settle your case because it is his interest to do so either and he is passionate about ensuring your interests are protected at all times.

Victim Of Sexual And Religious Harassment Wins Claim At Employment Tribunal

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An employee took a claim of sexual harassment and religious harassment to the Employment Tribunal after resigning from her role at a fast-food restaurant in 2018.

Whilst working for the restaurant, she was made to feel uncomfortable by her assistant manager, whose behaviour had become inappropriate. During their shifts together, he would repeatedly touch her. On one occasion in June 2018, he grabbed her, held her arms in a tight grip and said he would close up early and she could take her clothes off and do a strip show for him.

The following month, the father of the restaurant owner made comments about her religion, equating Wahabism to extremism and terrorism. The employee raised her concerns with management, explaining that she did not feel safe in his presence as he was always making rude remarks, but nothing was done about it.

She resigned from her role in August 2018 following an error in her wages and stated in her resignation that she had been targeted for many months and was the victim of workplace harassment and bullying. She described the fast-food restaurant as a toxic environment.

The Employment Tribunal Judge ruled that the behaviour of the assistant manager amounted to sexual harassment and that the employee was sufficiently discomfited by what had happened. The judge also ruled that the comments made about her religion were religious harassment. She was awarded £23,408.20 in compensation.

What employees need to know about workplace harassment and bullying

Like the employee in the case above, anyone who experiences harassment at work is protected by the Equality Act 2010. This act makes it unlawful to harass or bully someone in the workplace due to a number of protected characteristics, including gender, sexual orientation, religion and belief. Harassment is defined as behaviour or comments that have the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Unfortunately, harassment and bullying in the workplace can be difficult to determine, as behaviour and comments may be interpreted differently by different people. However, it is important to understand that what one person may see as harmless banter can still qualify as harassment. Employees should not have to tolerate any conduct or remarks that make them feel victimised. Regardless of whether the person responsible realises the impact of their actions, employees are still entitled to take action.

If you are experiencing unwanted conduct, whether it involves behaviour of a sexual nature or comments about your religion, the best course of action is to contact an employment law specialist. They can advise you on your options and provide tailored guidance based on your circumstances. If your situation falls under one of the Equality Act categories, they can also help you take a claim to the Employment Tribunal, as was done in the case above.

It is important to be aware that if you intend to make a claim for harassment or bullying, you must do so within three months less one day from the date the behaviour or comments occurred. If the conduct has been ongoing, this time limit will run from the most recent incident.

Speaking to an employment law specialist about workplace harassment

If you are being bullied or harassed at work and need expert advice, please contact Damian McCarthy. Damian is regularly instructed on complex discrimination and harassment claims and will provide you with clear, practical legal advice. With over two decades of experience, you can be confident that you are in safe hands.

When taking a claim to the Employment Tribunal, Damian will represent you fearlessly and develop a strategy focused on achieving the best possible outcome. Unlike other employment lawyers, Damian will not settle your case for convenience. His only concern is protecting your rights and acting in your best interests.

Get in touch today for a free, confidential and no-obligation discussion with Damian McCarthy.

The Consequences Of Sexist Language Being Used In The Workplace

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Whilst they are at work, both employees and employers alike need to be conscious of what they are saying. It is a huge misconception that discrimination in the workplace only occurs when a person is treated unfairly, but this definitely is not the case, especially when it comes to sex discrimination, and the words you say can have more of an effect than you may initially realise. 

In case you are not aware, The Equality Act 2010 is a key piece of legislation that covers issues involving discrimination at work and this legislation actually recognises several different forms of discrimination, including; direct discrimination, indirect discrimination and also harassment and victimisation. So, in addition to someone being treated in a way that is clearly less favourable than others due to their gender, they may also be the victim of sex discrimination if they have been spoken to in a way that causes them emotional suffering due to their gender. 

Generally speaking, it can sometimes be quite difficult to determine if the language being used in the workplace is actually unlawful as those making the unsympathetic and unwanted sexist comments might not realise the harm that they are causing. However, they can sometimes still be taken to the Employment Tribunal and just because someone thinks what they are saying is ‘banter’ or a joke does not mean that it is not discriminatory. 

If you have always shrugged off the comments made by your colleagues or managers that have caused you to feel uncomfortable, you may have a discrimination case on your hands and it is important to be aware that you are protected under The Equality Act 2010 in this regard. To give you an example of a sex discrimination claim that solely involves verbal discrimination, below we have looked into a recent case that was taken to the Employment Tribunal. 

What happened in this case?

A female Barclays investment banker has won the sex discrimination claim against her manager, Mr Kinghorn, that she took to the Employment Tribunal. 

Back in February 2018, Ms Lacatus’s manager repeatedly used the word ‘bird’ to refer to a female colleague. Even after Ms Lacatus told him that he should not be using that language and that he should stop, Mr Kinghorn continued to use the word, making her feel uncomfortable. Ms Lacatus said that on one occasion, Mr Kinghorn even told her not to report him to HR for the language he was using when referring to females. 

At the Employment Tribunal, Mr Kinghorn tried to defend calling female colleagues ‘birds’ by saying it was intended to be light-hearted and humorous. However, the Judge ruled in favour of Ms Lacatus and said that the language used was inappropriate and referring to females in the workplace as ‘birds’ is sexist language.

The judge also said that it was foolish to assume that anybody would find this language amusing and that the word ‘bird’ inadvertently caused offence in the workplace. There will be a hearing to decide compensation for Ms Lacatus at a later date. 

Getting some employment law advice in London

All in all, it is fair to say that if comments are being made at your expense in the workplace or words and terms are being used that make you feel uncomfortable, you do not simply have to put up with this. The case above is proof that you can win a sex discrimination claim that is based on unwanted verbal conduct and physical conduct is not required to be taken seriously by the Employment Tribunal. So, if you have experienced sexist language in the workplace, you should not hesitate to get some tailored legal advice. 

Damian McCarty will be able to assist you further in this regard and there is no one better to turn to for employment law advice in London. With many years of experience behind him, Damian will be able to answer any questions that you may have regarding your experience of discrimination in the workplace. Damian specialises in high profile employment law cases and he has worked on a number of discrimination claims in the past, some of which have been very complex, so you can trust that he will have the capabilities to be able to help you.

Pregnant Worker Awarded £30,000 By Employment Tribunal

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Marketing Director, Mrs Shipp, was awarded £30,000 by The London Central Employment Tribunal for injury to feeling due to maternity and sex discrimination.

Whilst she was pregnant, Mrs Shipp was asked whether her baby was planned and how she thought her pregnancy would affect her career prospects. In addition to this, male colleagues also suggested putting bets on how much weight she would gain whilst she was pregnant.

Mrs Shipp raised the matter with senior bosses before going on maternity leave in June 2019 and she expressed how she was upset and frustrated with the comments.

During Mrs Shipp’s maternity leave, the company decided to restructure. They made redundancies and other colleagues resigned, however, the company did not inform Mrs Shipp of these changes and they overlooked the fact that she was on maternity leave.

Mrs Shipp was later told that she was being laid off via email and although she raised a grievance in December 2019, it was dismissed.

In September 2020, Mrs Shipp was then sacked after refusing to do the same Marketing Director job under a lesser title and for a considerably lower salary. It was later revealed that male co-workers changed job roles but did not receive a pay cut in the same way Mrs Shipp did.

The Employment Judge found that the unwanted comments Mrs Shipp experienced during her pregnancy generated an atmosphere that was humiliating and degrading for her. The Judge also concluded that she was subjected to a serious case of maternity discrimination before awarding her £30,000.

What can employees learn from this case?

It goes without saying that finding out you have lost your job whilst you are on maternity leave is incredibly distressing and thankfully, The Equality Act 2010 (The EA) provides protection to employees in Mrs Shipps’ situation and this is why she went on to win her discrimination claim.

Gender, pregnancy and maternity are all ‘Protected Characteristics’ under The EA and if you suffer any unfavourable treatment due to these characteristics then you may be able to take a claim to the Employment Tribunal. The EA recognises different forms of discrimination at work too, including; direct discrimination, indirect discrimination, harassment and victimisation, and it protects against a huge range of different types of discriminatory behaviour.

All employees should be aware that whilst they are on maternity leave, they are still protected by The EA and this act covers every section of UK employment. So, if you were to experience any unfavourable treatment whilst you are on maternity leave, this is unlawful and you can still make a claim against your employer. It is worth noting that Employment Law provides you with protection from the moment that you become pregnant until the end of your maternity leave.

Both sex discrimination and maternity discrimination are not something that should be overlooked and the case above is proof that you can win discrimination claims of this kind when you go to the Employment Tribunal. So, if you have been treated unfairly or in a manner that has caused emotional or physical suffering whilst you are pregnant or on maternity leave then it is beneficial to turn to an employment law specialist for some tailored advice.

Speaking to a specialist about sex discrimination claims

Should you wish to speak to an expert about the acts of discrimination you have experienced in the workplace and to find out more about making a claim to the Employment Tribunal, do not hesitate to contact Damian McCarthy today. It is important to be aware that most discrimination claims need to be made within three months less one day from the date that the discrimination occurred, so do not put off reaching out for assistance in this regard.

Damian is an employment law specialist with extensive experience and he will gladly provide you with any legal advice that you require relating to sex discrimination claims. He is particularly popular amongst clients who require assistance with complex claims of discrimination and dismissal, and he is passionate about ensuring that his clients’ interests are protected throughout all legal proceedings. You can trust that Damian will do all he can to turn your case into a winning one and help you to get the justice you deserve. So, be sure to get in touch with him as soon as possible.

What All Employees Should Know About Workplace Harassment

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Harassment at work is undeniably a huge problem and unfortunately, a high percentage of employees have experienced some type of harassment in the workplace. It goes without saying that harassment is demeaning and unacceptable, and no one should have to experience unwanted behaviour or comments that create an environment of humiliation, hostility, offensiveness, degradation or intimidation in the workplace.

Thankfully, The Equality Act 2010 (EA) protects against harassment and employees in every section of UK employment are entitled to take action if they have been subjected to harassment at work. It is important that all employees are aware of this and that they know the basics surrounding workplace harassment. So, below we have put together an easy to understand guide covering everything that employees should know in this regard.

What harassment does The EA protect against?

The EA consolidates all previous equality legislation and it protects against harassment as a result of:

  • Gender
  • Age
  • Race
  • Sexual Orientation
  • Disability
  • Pregnancy and maternity
  • Religion and belief

These are all referred to as ‘protected characteristics’ and if you are treated in a manner that causes you emotional or physical suffering due to these characteristics, you will be protected by this key piece of legislation. Also, if you are harassed because you are linked to someone with a protected characteristic, then you are still protected by The EA.

How can harassment happen?

Contrary to popular belief, harassment does not just happen face-to-face. In the workplace, harassment can also happen by letter, email or phone and no matter how the harassment happens, employees are still protected. It is worth noting that harassment can include a one off incident and also repeated behaviour or comments.

What does ‘harassment’ usually look like?

Harassment in the workplace can take many forms and there are various different situations in which this behaviour can occur. Some common examples of harassment include;

  • Practical jokes or teasing
  • Humiliating or making fun
  • Spreading malicious rumours
  • Verbal abuse or offencive comments
  • Threatening or abusive behaviour

This type of behaviour can be carried out by colleagues of the same level, seniors and also employers. You may find that even if your employer is not the harassor, they can still be vicariously liable for the harassment too and this enables you to make a claim against them to the Employment Tribunal.

What should you do if you experience workplace harassment?

When you are subjected to harassment in your workplace, it is always beneficial to try and resolve the problem by talking to your employer or a senior employee. You also have the option to raise a formal grievance if you would feel more comfortable doing this. You can always seek legal advice from an employment law specialist if required as well.

How long do you have to make a harassment claim?

When the workplace harassment you are experiencing falls into one of the EA categories and you are wanting to take a claim to the Employment Tribunal against your employer, there are strict time frames to be aware of. The claim must be made within three months from the date that the harassment happened.

How do you win a harassment claim?

When making a harassment claim, the behaviour that you have experienced needs to be unwanted and this is called ‘unwanted conduct’ in The EA. In order to be awarded compensation by the Employment Tribunal, you need to show that the harassor’s behaviour or comments violated your dignity or created an intimidating, hostile, degrading, humiliating or offensive environment.

Even if the person who harassed you did not mean to make you feel a certain way, as long as it was reasonable that you did feel this way, you may still win your claim.

Speaking to a specialist about harassment at work

Hopefully, you will now know the basics about workplace harassment and the information above will be particularly beneficial to you if you or someone you know is being subjected to unwanted behaviour or comments at work. Should you wish to speak to an employment law specialist about your experience of workplace harassment to get some tailored advice, please do not hesitate to contact us here at Nationwide Employment Lawyers.

Our expert team will gladly provide you with the legal advice that you require and we can even assist you with making a harassment claim against your employer if this is something that you would like to do. We know how stressful it can be dealing with an employment law issue, so let us help you by shouldering the burden and guiding you through the process. No matter what your individual circumstances may be, we can assure you that you will be in the best hands when you turn to us for legal advice and assistance.

Pharma, Profits, and Speaking Out: The Hidden Cost of Doing the Right Thing

Looking Into An Employer’s Duty To Prevent Sexual Harassment In The Workplace

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Unfortunately, discriminatory behaviour comes in many forms and it can cause harm to employees through many means. An incredibly common cause of workplace discrimination is harassment and whilst there are several types of workplace harassment, sexual harassment has been a huge problem for many years now. Thankfully, the UK Government is intending to do more to prevent sexual harassment in the workplace.

Simply put, harassment is behaviour towards an individual that causes them to feel victimised and instances of sexual harassment in the workplace include; the unnecessary touching of a person, making jokes of a sexual nature and the use of sexually suggestive materials. An incredibly common form of sexual harassment involves employers making sexual advances towards employees in return for career benefits too.

The recent announcement from the Government has given many employees hope that more will soon be done to significantly reduce the amount of sexual harassment in the workplace and below we have looked into the new ‘duty’ that will be placed upon employers in this regard.

What was the Government’s announcement?

The UK Government announced that it intends to introduce a new duty requiring employers to prevent sexual harassment in the workplace. Whilst it is not yet clear exactly what this new duty will entail, employers will have to take ‘all reasonable steps’ to prevent harassment and make the workplace safer for everyone, and they could find themselves liable if they do not do so.

In addition to this, the Government will introduce explicit protections from third-party harassment and also look closely at extending the time limit for bringing Equality Act 2010 based cases to the employment tribunal from 3 months to 6 months.

These proposals are in response to the Government’s 2019 consultation on sexual harassment in the workplace which ran from the 11th July to the 2nd October 2019. At this moment in time, there is not any indication as to when legislative changes will be introduced, but the Government has said that it will be as soon as parliamentary time allows.

What are employers’ current requirements relating to sexual harassment?

Currently, under equality law, employers must take reasonable steps to prevent sexual harassment of employees by their colleagues. This means that although anyone who sexually harasses someone at work is responsible for their own actions, employers can also be held responsible too. ‘Vicarious liability’ means that employers can be liable for the legal wrongs committed by an employee in the course of their employment.

In an attempt to ensure that they will not be liable should a sexual harassment claim be taken to the Employment Tribunal, many employers will have policies and procedures in place, and also provide staff training surrounding sexual harassment.

What protection do employees currently have against sexual harassment?

It is essential that all employees are aware that The Equality Act 2010 already protects them against sexual harassment in the workplace. This piece of legislation provides protection for every section of UK employment and should you be subjected to sexual harassment, you can make a claim to the Employment Tribunal. This claim can be brought against both the harasser and also your employers on the basis that they are vicariously liable for the harassment.

Learning more about protections surrounding sexual harassment

All in all, many are hopefully that the various proposals made by the Government will have a positive impact and help to significantly reduce the number of employees who experience sexual harassment in the workplace. Should you have any questions at all regarding discrimination and harassment or require any tailored legal advice in relation to your individual experience of sexual harassment, please do not hestistate to contact Damian McCarthy.

As an employment law specialist in Central London, Damian has the knowledge and experience required to discuss workplace sexual harassment with you in much more detail. He will be able to provide you with any additional information that you require about The Equality Act 2010 and how it protects you from harassment whilst at work. If you are interested in making a claim against your employer, Damian can assist you in doing so too and he has a wide range of experience helping clients with employment law issues, so you can trust that you will be in the best hands when you turn to him for assistance.

Employee Awarded £42,000 For Unfair Dismissal After Being Made Redundant In Car Park

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George Dolby, a former business manager at Stuart Plant Ltd, was made redundant moments after he was asked what he thought of his company car. Upon meeting his managing director, Stuart Sayer, for what was described as a ‘catch up’ at a Holiday Inn, Mr Dolby was walking through a car park when Mr Sayer told him that he was being made redundant.

After being told about the redundancy out of the blue, Mr Dolby later received a letter stating that he was being made redundant and that he would receive £8,000 severance pay. It also stated that his company car would be collected in a week’s time.

This then prompted Mr Dolby to send two letters to his boss. One letter requested the £15,000 bonus that he had received the previous two years and another letter challenging the legalities of the decision to make him redundant. He did not receive any reply to either of these letters. Mr Sayer told the Employment Tribunal that he tried to offer Mr Dolby a vacant account manager position, but Mr Dolby denied that he was ever offered this role.

Mr Dolby, who was 71 at the time, worked briefly at M&S before going on to be a fruit packer at World Wide Fruit and he had to sell his family home as a result of the redundancy. Mr Dolby is now retired.

The Judge ruled that the brief conversation in which Mr Sayer told Mr Dolby that he was being made redundant was not a meeting and the dismissal was plainly unfair. The way in which Mr Dolby’s employment was terminated was deemed to be in a ‘brutal manner’ and he was awarded £42,000 as compensation for unfair dismissal.

What employees can learn from this case

Many employees do not realise that fairness is a key component in an employee being dismissed properly and there are several rules that an employer must adhere to. It is essential that an employer has a fair reason for the dismissal, that the proper dismissal procedures are followed and the dismissal was fair in all circumstances. When this is not the case, an employee may be able to claim unfair dismissal.

Even in the case of redundancy, the dismissal still needs to be fair and the employer must follow the proper redundancy procedures, choose employees for redundancy in a fair and objective way, and properly warn and consult about the redundancy. The case above was a clear example of how redundancy can be unfair and due to the fact that there was no warning or consultation, the proper redundancy procedures simply were not followed.

It is important that employees are aware of what is required of their employers in order for any type of dismissal to be fair and this will enable them to seek legal advice and make an unfair dismissal claim if they have not been dismissed properly. Being able to claim compensation on the grounds of unfair dismissal can be incredibly beneficial for employees at this financially difficult time, so it is always undeniably worthwhile checking that a dismissal was fair.

Unlike other areas of employment law that can be really complex, when it comes to dismissals, the law is fairly straightforward. However, if you are ever unsure about the way that a dismissal was handled, even if this was a redundancy, you should speak to an employment law specialist who will be able to advise you further as to whether your dismissal is ‘fair’ in the eyes of the law.

Getting tailored unfair dismissal legal advice

Should you have any questions about unfair dismissal, please do not hesitate to contact us here at Nationwide Employment Lawyers. Our experienced team will gladly provide you with any additional information that you may require in this regard. If you have just been dismissed, they can also provide you with tailored employment law advice as well. Following this unfair dismissal legal advice, if you would like to make a claim to the Employment Tribunal, we can support you from start to finish with doing so.

Our talented employment law specialists have a superb record in representing our clients and you will be in the best hands when you enlist their help. We pride ourselves on fighting hard for our clients and getting them the results they deserve, so if your dismissal was automatically unfair, we will do all we can to get you reasonable compensation. We provide an extremely high standard of service and we can assure you that you will not be disappointed when you turn to us for unfair dismissal legal advice.

Vento Scales Updated

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On element of compensation that can be awarded by an Employment Tribunals for unlawful discrimination (such as sex discrimination, race discrimination and disability discrimination) are awards for ‘injury to feelings’. 

In Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 the Court of Appeal set out guidelines for the award of compensation for injury to feelings. The court roughly categorised three bands – lower, middle and top.

The Presidents of Employment Tribunals for England and Wales and Scotland have increased amounts in the Vento bands from 6 April 2020 as follows:

Lower band (for the least serious cases, e.g. one isolated incident of discrimination) : £900 – £9,000.

Middle band (which is used for serious cases but not in the highest band) : £9,000 – £27,000.

Top band (for the most serious cases, such as a lengthy campaign of discriminatory harassment) : £27,000 – £45,000, with the possibility of a higher award in the most serious cases.

This article can also be found here: Nationwide Employment Lawyers.

Extended Criminal Record Certificates – A Balance Must Be Struck

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Those who work with children or vulnerable adults are required to have extended criminal record certificates (ECRCs) so that prospective employers can judge whether they are fit to perform such sensitive roles. However, as one Court of Appeal case showed, a careful balance has to be struck between disclosure of information and the serious blight that might cause to an individual’s career.

The case concerned a teacher who vehemently denied claims that he had made sexually inappropriate comments to students, aged between 17 and 24, during a college trip abroad. His local police force decided, however, that it was necessary to include those allegations on his ECRC. That made it very unlikely that he would be able to find employment in his chosen field, but his judicial review challenge to the decision was dismissed by the High Court.

In upholding his appeal against that ruling, the Court of Appeal found that the police decision was unbalanced and disproportionate. The man’s ECRC made no mention of the fact that the Independent Safeguarding Authority had approved him as fit to continue teaching children. It was clear that the police had failed to take account of a relevant factor when reaching the decision. The ECRC was quashed.

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