Bullying is rife in the workplace and most of us, at some point, have experienced verbal or emotional abuse in the office. Bullying, as well as racism, can be direct as well as underlying so if you're being victimised at work, you need to know whether the abuser is breaking the law and if so, what you can do to stop them.
As an employee, you have a high level of protection from discrimination and you don't have to work at a firm for a certain period before you can complain about the issue. To judge whether you have been discriminated against, you need to compare yourself and someone else with similar skills and qualifications have been treated. The intention or motive of the alleged discriminator is irrelevant.
Race discrimination
Racism at work can be subtle, conscious or unintended. It might come from individuals or your company might be institutionally racist. Racism occurs when you are treated differently to other colleagues because of your race or ethnic origin.
In law, there are four recognised forms of discrimination:
- Direct discrimination - for example, where a particular job is only open to people of a specific racial group.
- Indirect discrimination - working practices that disadvantage members of any group (e.g. introducing a dress code which might discriminate against particular ethnic groups).
- Harassment - participating in, allowing or encouraging behaviour that offends someone or creates a hostile atmosphere.
- Victimisation - treating someone less favourably because they've complained or been involved in a complaint about racial discrimination.
If the racism is coming from your colleagues, rather than your boss, your employer is still legally liable. They are responsible for ensuring that there is no racism in the workplace - legally this is called 'vicarious liability'. The employer can only avoid taking the blame if they can prove that they have taken practical steps to prevent discrimination and they should take disciplinary action against anyone guilty of racist behaviour.
Yet individual employees can also be held legally responsible. An employee who knowingly discriminates against another employee or applicant on the grounds of race, or who aids discriminatory practices, is acting illegally. The Commission for Racial Equality's Code of Practice states that employees have a duty to comply with measures introduced by their employer to ensure equality of opportunity and non-discrimination.
If you feel that a colleague or a member of management other than your immediate boss is discriminating against you because of your race, talk to your immediate boss and explain your concerns. Your employee representative (such as a trade union official) - if you have one - may also be able to help. If your line manager or supervisor is discriminating against you, you should talk to their boss or to the company's HR department.
Be clear in your mind about what you see as discrimination and, if necessary, give examples in writing. Many employers have an equal opportunities policy, and you should ask to see a copy of this. If your employer doesn't want to assist, you may need to make a complaint using your employer's grievance procedure. You shouldn't be victimised for complaining as this would count as discrimination.
If this still doesn't work, you can make a claim of race discrimination to an employment tribunal. You could get in touch with the Commission for Racial Equality or your local Racial Equality Council, if there is one, for advice.
Bullying at work
You can't make a legal claim directly about bullying, but if you're forced to resign due to bullying you can make a constructive dismissal claim. If you are being picked on at work and it has made your time at work so unbearable that you cannot stay any longer, you should get legal advice before leaving your job as it's often very hard to prove that your employer's behaviour was so bad as to make you leave.
If things are so bad that you want to quit, first speak to your manager and see if you can resolve the problem with them. If the problem is with your manager, talk to their manager, your company's HR department or an employee representative (e.g. a trade union official), if you have one.
You can also sort out the problem with your employer through your company's standard grievance procedure. In many cases you will be required to have raised the issue through a grievance procedure before taking legal action. If this doesn't work, and your employer agrees to it, you could try mediation through Acas, where a specialist will try to help you and your employer sort out the problem.
If talking to your employer or mediation doesn't work, and you feel that you need to resign, you should first get legal advice to see if you'll have a case for constructive dismissal. Ideally, you should then leave immediately otherwise your employer may argue that, by staying, you've accepted the conduct or treatment. Also, avoid resigning before the actual breach of contract occurs, as your employer may then claim that there's been no dismissal.
In both racism and bullying circumstances, it's a difficult and painful process to take your employer to an employment tribunal. It's therefore in your best interests to speak informally to your employer before taking any other action. If it helps, keep a diary logging the offensive behaviour, if there is any, and if you need to talk, call Acas' helpline on 08457 47 47 47, who will be able to give you help and advice.
Useful information
Find out more on employment issues with Lawpack's 'Employment Law Made Easy'
Acas (Advisory, Conciliation and Arbitration Service)
Commission for Racial Equality