Source: CPID
Date: March 2006

This factsheet gives introductory guidance. It:

• sets out the many forms and grounds of harassment at work
• outlines how harassment affects people and organisations
• examines the legal implications if employers allow such behaviour to go unchallenged
• gives guidance about the key steps to eliminate harassment and what policies are needed
• includes the CIPD viewpoint.

What is harassment and why does it happen?

Harassment is any unwanted behaviour that violates dignity or creates an intimidating, humiliating or offensive environment. Harassment can take many forms and occur for a variety of reasons. It may be related to age, sex, race, disability, religion, sexuality or any personal characteristic of an individual. It may be directed at one person or many people. Often it takes place when there are no witnesses, but not always. It can be persistent behaviour over a period of time, but a one-off act may also amount to harassment. 

It is not the intention of the perpetrator that is key in deciding if harassment has occurred, but whether the behaviour is unacceptable by reasonable normal standards and is disadvantageous or unwelcome to the person or people subjected to it or witnessing it. In the CIPD survey1 13% of respondents reported experiencing harassment or bullying in the past 12 months. It is important to distinguish sexual harassment from sexual relationships freely entered into and acceptable to those involved. 

Harassment thrives in a workplace culture where it is ignored rather than challenged. No complaints do not mean no harassment is happening. Harassment can lead to illness, absenteeism, less commitment, poor performance and resignation. The conflict which harassment creates should not be underestimated. Employees can be subject to high levels of personal stress which can damage morale and lead to higher labour turnover, reduced productivity, lower efficiency and divided teams. 

There needs to be a clear, well-communicated policy so people know the process to follow if they have concerns about the way they, or their colleagues, are being treated. They need to be confident that making a complaint will not result in further intimidation or victimisation for themselves or anyone else involved. 

What are the grounds and forms of harassment? Grounds 

UK discrimination law was amended in 2003 to cover harassment on a variety of grounds including disability, colour, ethnic or national origin, race, religious belief or other similar philosophical belief, and sexuality. Since October 2005 implementation of the Equal Treatment Amendment Directive means the Sex Discrimination Act contains a specific prohibition against harassment and sexual harassment. 

There is no one checklist of what defines harassment as it is often specific to the person, relating to their feelings of respect and dignity. 

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. 

Forms 

Harassment and bullying can range from extremes such as physical violence to less obvious forms like ignoring someone. Forms of harassment include:

• physical contact
• 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.

Harassment can also exist as a result of the general prevailing culture, for example one in which it is acceptable to tell homophobic jokes. 

Who is responsible when harassment happens at work? 

Harassment has a negative effect on employees and employers, and both have responsibilities when it happens. 

Employers’ responsibilities 

Employers need to take action to prevent harassment, encourage incidents to be reported, respond promptly and ensure policies are followed correctly. Legally, they have a common law duty of care, and responsibilities under health and safety and discrimination legislation. CIPD research shows that employers need to provide a positive working environment to satisfy employees’ expectations under the psychological contract (see our factsheet on the Managing the psychological contract). 

Employers’ responsibilities extend to any environment where work-related activities take place. These include social gatherings organised by the employer such as work parties or outings (when they are held at a time or place associated with the workplace). Organisations must maintain their commitment to promoting an open and non-threatening environment on these occasions. If they do not, the employer could be liable unless they were able to show they took reasonable steps to prevent harassment. 

An employer can be ordered to pay unlimited compensation where harassment has occurred, including the payment of fines for injury to feelings. 

Individual responsibilities 

Individuals can be prosecuted under criminal as well as civil law and they could be personally liable and have to pay compensation themselves, as well as any payment the organisation may be ordered to make. 

Individuals also have a responsibility to behave in ways which support a hostile-free working environment for themselves and their colleagues. They should play their part in making the organisation’s policy a reality and be prepared to take appropriate action if they observe or have evidence that someone else is being harassed. 

What actions are needed to tackle harassment? 

Policies, communication and training 

The sensitivities surrounding harassment have important implications for the design of effective policies and procedures to prevent it occurring. A well-designed policy statement is an important first step in addressing harassment and should cover all the complexities of intimidating behaviour, including bullying. Policy statements should be agreed with union representatives. Another CIPD survey2 showed that in 2004, 91% of organisations had a diversity or equal opportunities policy, 83% had harassment or bullying policy and 39% had a policy covering dignity at work. A policy does not automatically change cultures and behaviours, so senior management support and communicating the policy is essential, through staff handbooks and intranet, induction and training programmes, and appraisal interviews. 

Policy statements should:

• give examples of what constitutes harassment and intimidating behaviour – it is also useful to define positive and supportive behaviours
• explain the damaging effects and why it will not be tolerated
• state that it will be treated as a disciplinary offence
• clarify the legal implications of harassment
• describe how to get help and make a complaint, formally and informally
• undertake that allegations will be treated speedily, seriously and confidentially
• promise protection from victimisation for making a complaint
• clarify the responsibilities of line managers, HR departments and the role of union or employee representatives
• make it the duty of supervisors/managers to implement policy and ensure it is understood
• emphasise that every employee carries responsibility for their behaviour.

Policies should be communicated so that all employees:

• know their rights and personal responsibilities under the policy
• understand the organisation’s commitment to deal with harassment
• are aware of who to contact if they want to discuss their experiences in order to decide what steps to take
• know how to take a complaint forward and the timescales for any formal procedures.

Any policy should be monitored for effectiveness, including:

• records of complaints, who was involved and where, why and how they occurred
• individual complaints to ensure resolution and no victimisation.

Regular reviews are important to ensure policies and procedures are appropriate and effective. Employers can find out about experiences of harassment and levels of confidence in the policy and procedures through general employee attitude questionnaires or specific surveys, or through informal feedback, return-to-work interviews after periods of absence, appraisal discussions, training feedback or exit interviews. 

Training can prevent harassment being accepted or condoned. Those with responsibility for implementing the policy should be given specialist training. 

Dealing with complaints 

Complaints should never be ignored but investigated swiftly and confidentially ensuring the rights of all are protected. An employer who fails to investigate has little defence at an employment tribunal. Procedures should provide informal and formal mechanisms for raising complaints. Clear time-scales should be set for the resolution of complaints, taking account of legal limitations. 

Advice and counselling 

Employees should be able to contact a nominated person, who may be a trained volunteer colleague, to discuss their experiences in the strictest confidence. This can help complainants decide what course of action to take by exploring their options. The decision to progress a complaint should rest with the individual. However, complainants should be encouraged not to ignore behaviour that makes them uncomfortable, but to take appropriate action so that the behaviour stops. The consequences of not taking action should be explained. 

Nominated contacts for harassment should be carefully selected and trained. Their role should be independent of investigations and they should not be required to provide evidence in proceedings. They should receive ongoing support from management to fulfil this brief. They should understand the nature of the issues related to different forms and grounds of harassment and intimidating behaviour. They should also be able to talk with complainants freely and confidentially in a private environment. They can come from all departments and levels of an organisation. 

Mediation is an increasingly useful tool in managing conflict at work, including harassment issues where difficult personal issues are involved, and it is often one individual’s word against another’s. Mediators can come from outside or inside an organisation. 

Guidance and counselling can be offered to people whose behaviour is unacceptable, as well as those affected by being harassed. Simply punishing those responsible for the harassment risks isolating individuals who may not understand how their behaviour is affecting their colleagues. Sometimes people are unaware of, or insensitive to, the impact of their actions and counselling can help them to accept the impact of their behaviour, change behaviour or prevent further incidents. Being clear about what is acceptable behaviour at work, as well as defining unacceptable behaviours, will prevent ambiguity and stop harassment flourishing. 

Informal procedures 

Ideally, complaints should be dealt with internally and informally. Solutions can be reached quickly, with minimum risk to confidentiality. It pays to act quickly to reduce personal embarrassment and suffering, avoid disruption to work and working relationships and, where complaints are contested, expensive litigation costs and damaged business reputations. 

In many cases it is sufficient for the recipient of harassment to raise the problem with the perpetrator, pointing out the unacceptable behaviour. But if an employee finds this difficult or embarrassing, informal procedures should enable support from a colleague, an appropriate manager or a personnel department representative. A choice of contact should be available in case the person’s manager is the harasser. 

Formal procedures 

Formal procedures are needed if the harassment is serious, if it is the individual’s preference or where an informal approach has failed. Some modification to grievance procedures may be needed for this and employees must know to whom they should make a complaint – for more information see our factsheet on Discipline and grievance procedures. 

Investigation 

Harassment should be treated as a disciplinary offence. Investigation procedures should provide:

• a prompt, thorough and impartial response
• independent, skilled and objective investigators
• representation for both parties
• complaint details, the right to respond and adequate time to respond
• a time-scale for resolving the problem
• confidentiality for all parties.

A record of complaints and investigations should always be made. These should include the names of the people involved, dates, the nature and frequency of incidents, action taken, follow-up and monitoring information. All sensitive information should be treated confidentially and meet the requirements of the Data Protection Act 1998 – for more information see our factsheet on Data protection. 

After the procedure 

Where a complaint is upheld it may be necessary to relocate or transfer one party. It should not automatically be the complainant who is expected to move, but they should be offered the choice where practical. 

Where the perpetrator is transferred, no breach of contract must occur or a claim of constructive dismissal could arise. Transfers on disadvantageous terms can be offered to the perpetrator where allegations are proved, as an alternative to dismissal. 

If a complaint is not upheld, a voluntary transfer of one of the employees should be considered. It is important to check the harassment has stopped and there has been no victimisation or retaliation. 

CIPD viewpoint 

Achieving high levels of performance from people at work is essential in today’s competitive market place. Organisations should treat any form of harassment seriously not just because of the legal implications, but because it can lead to under-performance at work. Eliminating all forms of harassment and bullying makes good business sense. A workplace environment which is free from hostility enables people to contribute more effectively to organisational success and to achieve higher levels of job satisfaction. People cannot make their best contribution when under fear of harassment, bullying or abuse. 

An organisation’s public image can be badly damaged when incidents of harassment occur, particularly when they attract media attention. This can affect relationships between an employer, their current and future employees, as well as their customers. 

Developing and implementing preventive policies and procedures creates a climate of greater confidence in being able to challenge harassment. The right policies and procedures enable employers to tackle individual complaints quickly and effectively. 

An organisation’s goal should be to develop a culture in which harassment is known to be unacceptable and where individuals are confident enough to bring complaints without fear of ridicule or reprisal. Everybody needs to feel responsible for challenging all forms of harassment and for upholding personal dignity. 

References 

• CHARTERED INSTITUTE OF PERSONNEL AND DEVELOPMENT. (2004) Employee well-being and the psychological contract. London: CIPD.
• CHARTERED INSTITUTE OF PERSONNLE AND DEVLOPMENT. (2004) Managing conflict at work: a survey of the UK and Ireland. London: CIPD.

Further reading 

Books

• ADVISORY CONCILIATION AND ARBITRATION SERVICE. (2005) Bullying and harassment at work: a guide for managers and employers. London: ACAS. Available at: http://www.acas.org.uk/
• TEHRANI, N. (2005) Bullying at work: beyond policies to a culture of respect. Guide London: Chartered Institute of Personnel and Development. Available at http://www.cipd.co.uk/guides

Journal articles

• CORSI, J. (2005) A goodbye kiss for harassment. People Management. Vol 11, No 19, 29 September. p20.
• Mind your language. (2003) People Management. Vol 9, No 18, 11 September. p17.
• SIMPSON, S. (2002) How to deal with aggression at work. People Management. Vol 8, No 8, 18 April. pp52-53.
• WOLFF, C. (2006) Ousting the workplace bully: learning from experience. IRS Employment Review. No 841, 17 February. pp8-17.