Being harassed or discriminated against at work?

Is it just banter or are you being passed over for promotion — or worse? A City Law Firm looks at workplace harassment and how to deal with it

The Equality Act 2010 is there to protect you against both harassment and discrimination. The former is classed as unwanted conduct which violates someone’s dignity or that creates an intimidating, degrading, humiliating or offensive environment, whereas discrimination is when you are treated less favourably for being — or perceived as being — for instance, gay, transgender or having HIV.

Whether the mistreatment comes from your colleagues or your employer, the law is there to protect you. You should begin by reviewing your employment contract and, more importantly, any staff policies. Speak to human resources or your manager, and if matters persist you can raise a grievance and even issue a claim.

We strongly recommend that you keep a diary and evidence that can be presented, including dates and notes detailing what was said or done and by whom. It is essential that you do not suffer in silence; we encounter many people who do this through fear of reprisals or losing their job. Some people feel shame, but this is not acceptable, and you need to take advice and approach your employer, who we hope will support you. Once you speak out, you will likely discover others who have been suffering in silence.

IT’S JUST BANTER

Many fear complaining as they are told that the behaviour is just a joke, that no harm is meant or that you are overreacting. But if words or actions are hurting, embarrassing or intimidating you, then this is harassment.

What if two people are making cruel jokes about LGBT+ people, but they don’t aim it at you and don’t even know you’re gay, is this harassment? The answer is yes: if you are feeling oppressed by them and the behaviour and words are offensive to you and making the environment feel unsafe or hostile, then you have the right to raise this issue.

In the first instance, you could speak to the offenders, but if you don’t want to discuss your sexuality or you fear reprisals, speak to your manager instead as they have a legal responsibility to protect you.

Harassment can take many forms and may not always be obvious to the offender, victim or employer. It can include:

Jokes or banter made towards you or around you that offend

Insults or threats

Asking intrusive questions intended to embarrass and challenge you

Making degrading comments about you or another’s (perceived or otherwise) sexual orientation and/or gender identity

Isolation and exclusion, such as not inviting you to work social events

Malicious gossip including speculation about someone’s sexual orientation or gender identity, or outing them.

IT HAPPENS OUTSIDE WORK, TOO

A common misconception is that the employer only has a duty to protect staff on site, but that’s not the case. Their duty of care extends to work events and even colleagues socialising after work. They should ensure that homophobic behaviour and harassment is addressed and that you are protected. Should you get texts or emails after work or you are followed home by colleagues, this borders on criminal harassment which opens other avenues of support, but your employer has a duty to address this behaviour also.

CONFIDENTIALITY

Your employer’s HR department or management must keep anything you tell them confidential, be it your gender identity, sexuality or HIV status. They must also address any complaints of discrimination or harassment. If they don’t know, they can’t help you. They should have a process to support you and address the problem accordingly.