Discrimination at Work

Discrimination FAQs

• Does workplace 'bullying' have a legal definition?

  There is no legal definition of bullying.

  Instead, a wide range of actions and behaviour can amount to bullying at work. For example, repeated and persistent negative behaviour especially if it involves ignoring, belittling, embarrassing or undervaluing an employee.

  "Harassment" is unwanted conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

  If it is related to a protected characteristic such as age, sex, sexuality, race, religion, pregnancy/maternity, marital status, gender reassignment or disability then the behaviour may also be unlawful under the Equality Act 2010 and would likely be deemed as discriminatory.

• Can I bring a claim for bullying at work?

  A fundamental part of any employment relationship is the duty of trust and confidence that exists between employer and employee. This is not written down, but it is implied in every employment contract. Bullying and harassment can clearly breach this implied duty of trust and confidence.

  If such behaviour forces an employee to resign, they could have a claim for constructive unfair dismissal. This claim is very similar to an ordinary unfair dismissal claim, except that the employee decides to terminate employment on the basis of the employer’s conduct.

  You can bring a claim for constructive unfair dismissal if you have been employed for at least two years.

• Can I win a constructive unfair dismissal claim?

  Frequently, clients come to us having been informed by a 3rd party that constructive unfair dismissal claims never succeed at Tribunal.

  This is far from being true.

  We have successfully run (and won!) numerous constructive unfair dismissal claims over the years.

• Do I need written evidence of bullying?

  One of the defining features of bullying is that it can be very subtle.

  Documentary evidence is useful, but it is not necessary to have a direct piece of evidence which proves bullying. More often than not, a series of documents will demonstrate how an individual is behaving towards you.

  Nevertheless, it is useful to keep a diary to record what is happening at work, even if the entries might at first appear menial.

• Is it too late to bring a workplace bullying or harassment claim?

  If you are being treated poorly and that treatment has been continuing over a fairly lengthy period of time, you can still bring a grievance about it.

  Furthermore, if you decide to resign as a consequence of the behaviour, you may also have a valid constructive unfair dismissal claim.

  If you are in any doubt about your next steps or where you stand in relation to bullying or harassment in the workplace, please call our workplace discrimination solicitor Rhiannon Thomas (0117 930 8441) for a free, confidential discussion.

• What are my statutory rights while on maternity leave?

  Employees who are pregnant/on maternity leave are entitled to:
  

  • Paid time off for ante-natal care during working hours.
  • Health and safety protection whilst pregnant or breastfeeding.
  • Take Statutory Maternity Leave of up to 52 weeks’ duration.
  • Choose to share 50 weeks’ leave with their partner/husband (subject to eligibility criteria) provided that overall, in conjunction with Statutory Maternity Leave, no more than 52 weeks’ leave can be taken.
  • Receive Statutory Maternity Pay (SMP) for up to 39 weeks or Shared Parental Pay (SPP) for up to 37 weeks (subject to eligibility criteria). An employee could receive both SMP and SPP, but for no more than 39 weeks in total.
  • Return to their previous role, if returning after Ordinary Maternity Leave (OML). OML is of 26 weeks’ duration.
  • Return to their previous role, if returning after Additional Maternity Leave (AML) unless it is not reasonably practicable to do so – in which case, the employee has the right to return to a different job which is suitable and appropriate and on terms and conditions that are not less favourable. AML starts immediately after OML and is of 26 weeks’ duration.
  • Be given priority for alternative employment in a redundancy situation.
  • Make a request to work flexibly, to take effect upon return to work.
  • Protection from detriment, dismissal or discrimination.

  If you are in any doubt about your next steps or where you stand in relation to bullying or harassment in the workplace, please call our workplace discrimination solicitor Rhiannon Thomas (0117 930 8441) for a free, confidential discussion.