Definition Of Harassment And Victimisation

Over the next few weeks i will discuss these elusive terms so as to bring light into the labour law gloom.

Definition of harassment and victimisation. Whatever the case it is unacceptable and is a violation of the human rights of the employee and also a violation of the employee s right to be treated with dignity and respect. Harassment is the act of continued and regular unwanted actions against a victim. In fact employers have a duty to protect their employees from harassment as opposed to subjecting employees to harassment. Harassment is defined as any unwanted physical verbal or nonverbal conduct that has the purpose or effect of violating a person s dignity or creating an intimidating hostile degrading humiliating or offensive environment for them.

Whatever the case it is unacceptable and is a violation of the human rights of the employee and also a violation of the employee s right to be treated with dignity and respect. Discrimination harassment and victimisation are all things that can come up in the workplace through a lack of diversity and equality. Harassment is unwanted behaviour that you find offensive where the other person s behaviour is because. You have a protected characteristic there is any connection with a protected characteristic for example you are treated as though you have a particular characteristic even if the other person knows this isn t true.

It is often inflicted on the subject in retaliation for a stand that has been taken against a wrong action or lodged a complaint against harassment or bullying. A tutor shouts at a student because he thinks she intends to support another student s sexual harassment claim. This may include anything from racial epithets to annoying or malicious remarks but must become a pattern in order to qualify as harassment. In everyday language the terms are often used interchangeably but the 2010 equality act discusses the phrases in detail to give them quite specific meanings highlighting the differences between them.

Victimisation on the other hand is clearly seen as discrimination against someone because of their involvement in a discrimination complaint either as the complainant or as a witness or as someone who has previously been accused and found not guilty of harassment. In fact employers have a duty to protect their employees from harassment as opposed to subjecting employees to harassment.