The Employment Equality Acts 1998-2015 place an obligation on all employers to prevent harassment in the workplace. Under this law, you are entitled to bring a claim to the Workplace Relations Commission and your employer may be obliged to pay you compensation if you are harassed by reason of your:
Harassment based on any of the above grounds is a form of discrimination in relation to conditions of employment. The Employment Equality Acts 1998-2015 define harassment as “unwanted conduct” which is related to any of the 9 discriminatory grounds above. Sexual harassment is any form of “unwanted verbal, non-verbal or physical conduct of a sexual nature”. In both cases it is defined as conduct which “has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person” and it is prohibited under the Acts.
The “unwanted conduct” includes spoken words, gestures or the production and display of written words, pictures and other material. This includes offensive gestures or facial expressions, unwelcome and offensive calendars, screen-savers, e-mails and any other offensive material.
Bullying at work when it is related to one of the discriminatory grounds is covered by the Employment Equality Acts. Harassment and bullying at work which is not linked to a discriminatory ground is a health and safety issue - see 'How to apply' below.
Harassment can be by a fellow worker, your boss or someone in a superior position, a client, a customer or any other business contact. Harassment can take place at work or on a training course, on a work trip, at a work social event or any other occasion connected with your job.
Under the Acts, your employer may also be held responsible if harassment takes place completely outside the course of your employment but you are treated differently at work because of your rejection or acceptance of the harassment. If you bring a claim against your employer for harassment, your employer may have a defence by showing that he or she took reasonably practical steps to prevent the harassment from happening or to prevent you from being treated differently at work. If you bring a claim under the Acts, you cannot then be subjected to victimisation at work.
Your employer should have a policy and procedures to deal with and prevent harassment at work. The policy should set out what is unacceptable behaviour at work. An effective grievance or complaints procedure should be in place to deal with complaints about harassment. All employees must be aware of these policy and procedures. The Code of Practice on Sexual Harassment and Harassment at Work aims to give practical guidance to employers,and employees on how to prevent sexual harassment and harassment at work and how to put procedures in place to deal with it.
If you wish to make a complaint about harassment, you should begin by making it very clear to the person concerned that you find their behaviour, conduct, material and so on, unacceptable and offensive. If you find this uncomfortable or too difficult to do, you should seek support (or for an initial approach to be made on your behalf) by a sympathetic friend or colleague, a designated person at work or a trade union representative. Very often, an informal approach like this will resolve the issue.
Sometimes, an informal approach is not enough to resolve the issue and in situations where the harassment continues, you may need to consider making a formal complaint. Your employer's policy on harassment should clearly set out what will happen when a formal complaint is made, how the complaint will be investigated and who will carry out the investigation, taking into account issues of confidentiality and the rights of both parties.
The Workplace Relations Commission investigates and/or mediates disputes in relation to the implementation of the employment equality legislation. If you feel that your complaint about harassment on one of the discriminatory grounds has not been dealt with properly by your employer, you can make a complaint under employment equality legislation using the online complaint form available on workplacerelations.ie.
The Irish Human Rights and Equality Commission has a general remit to promote equality and can give advice and, in some cases, legal assistance if you wish to bring a claim of harassment under the Employment Equality Acts.
Complaints under the Employment Equality Acts must be brought within 6 months of the last act of harassment. This time limit can be increased to 12 months if “reasonable cause” for the delay can be shown. If a person is unable to pursue a claim effectively because of an intellectual or physiological disability a parent, guardian or other person acting on behalf of the complainant can bring a complaint.
The Health and Safety Authority provides information and advice on bullying at work. It is responsible for the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (pdf). It aims to ensure that workplace bullying is not tolerated and that employers have procedures for dealing with bullying at work.
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000. The Phone Service will operate Monday to Friday, 9am to 6pm during January 2017. You can also visit your local Citizens Information Centre.