Difnity At Work

Question 1

Former department of trade and industry commissioned research into fair treatment ( Graingner and Fitzger, 2007) 3,936 employees were asked whether in previous 2 years they experienced any unwelcome behaviours that creates a hostile working environment

Answer 1

Results:
Women were more likely to have been bullied than men
Foreign born employees were more at risk of being bullied
For disabled employees especially women incidence almost 4x National Average
Public sector incidence 2x as high as private sector (employs more women and disabled workers)

Question 2

The contract of employment when it comes to bullying and harassment by employers:

Answer 2

The duty to take reasonable care of the employees

The mutual trust and confidence that the employer should ensure is the doh station of contract of employment

Question 3

Results from breach of contract

Answer 3

Breach of mutual trust and confidence by the employer mag result in employees resignation and claim constructive dismissal

Breach of duty of care - may breach depending on facts
May result in employee different stress and may trigger mental or physical illness = personal injury claim

Question 4

Bullying and harassment by other employees:

Answer 4

Employees duties: employees are under an implied contractual duty to obey lawful and reasonable instructions including complying with employers disciplinary rules

In most cases employer would consider bullying and harassment as gross misconduct

Employee may be dismissed/disciplined

Question 5

The Equality Act 2010 (can claim of unlawful discrimination) has three definitions of harassment:

Answer 5

• general definition related to a protected characteristic which applies to all protected characteristics other than maternity and civil partnership and pregnancy.

Conduct of sexual nature

Less favourable treatment of an employees rejection of or submission to harassment of a sexual nature or gender reassignment harassment

Question 6

General prohibition against harassment

Answer 6

Engages in unwanted conduct related to protected characteristics

Purpose or effect of violating the dignity or creating intimidating. Hostile. Degrading. Humiliating. Or offensive environment.

Question 7

Harassment as A form of unlawful discrimination:

Answer 7

When harassment is:
Gender related 
Linked to gender reassignment 
On racial grounds
Based on religion or belief
On grounds of sexual orientation 
Related to a persons disability
Age based

Question 8

According to the Equality Act 2010. The harassment doesn’t have to relate to the characteristics of the individual who complains:

Answer 8

An employee could complain of unlawful harassment if s/he experiences harassment on the grounds of that s/he is perceived by others to have a ‘protected characteristics’ or if they are related to or associated with someone with a protected characteristic

Question 9

In judging the effect, a tribunal will take into account:

Answer 9

The perception of the victim
The other circumstances of the case
Whether it is reasonable for the conduct to have that effect

Question 10

Employers are potentially liable for any acts of harassment perpetrated by their employees in the course of employment vicarious liability

Answer 10

An employer can have a defence against liability of it if it can show that it took “all reasonable steps to prevent” the harassment

Employees may also be held liable if they were personally responsible for the treatment in any way.

Question 11

There is no legal position regarding bullying:

Answer 11

Might constitute unlawful discrimination on ground of harassment arising from protected characteristics

Might be based on other legal principles eg breach of contract or breach of common law or breach of statue eg health and safety at work act 1974

Question 12

Dealing with complains by staff:

Answer 12

Informal versus formal approach
Investigation and actions
Links to grievance and disciplinary procedures
Counselling, meditation