What Can You Do If You’re Facing Workplace Abuse?

Annually, hundreds of thousands of employees are impacted by workplace abuse in one way or another. Whether it manifests as bullying, harassment, or abuse of power at work, the physical, mental and professional effects can be profound.

Below, we examine a recent survey detailing the worrying statistics concerning abuse in the workplace. We discuss how such conduct may appear in real life and the steps those affected can take to seek justice.

If you are being bullied at work or have questions about how to report workplace abuse, contact us without hesitation. Redmans Solicitors are employment law specialists. Following a brief consultation, we can provide answers to your queries and discuss your possible next steps.

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Survey Exposes Extent of Workplace Abuse Across the UK

Every six years, a Skills and Employment Survey is undertaken to uncover the real-life experiences of working people in Britain. Last year’s survey, which was conducted by leading UK universities, revealed that a staggering one in seven employees (14%) reported experiencing workplace abuse in the previous year.

Women (19%) are at a disproportionately higher risk of facing abuse in the workplace compared to men (10%), as are LGBTQ+ workers (7%) compared to their heterosexual counterparts (2%). Going sector-specific, nurses and teachers are at the highest risk of facing such abuse, at 39% and 31% respectively. Night workers also face elevated risks (24%), whereas the rates are lower among those working from home or in the financial services sector.

These findings are alarming, as they expose a reality of systemic issues, including power imbalances and a lack of organisational accountability. Employees must understand what workplace bullying and abuse look like to ensure they can protect themselves and exercise their rights.

What Counts as Abuse in the Workplace?

While it may seem obvious, recognising abuse at work is often more difficult than one might realise. Subtle, persistent behaviours or actions disguised as performance management can conceal abusive conduct. The legal definition of workplace abuse also adds to these challenges, as it remains somewhat fluid unless it constitutes discrimination under the Equality Act 2010.

Be that as it may, there are some abusive behaviours which consistently emerge that individuals should look out for. Those include:

  • Verbal harassment, such as insults, slurs, or shouting.
  • Threatening gestures, typically involving physical intimidation or aggressive body language.
  • Sabotaging work performance, whether that be via withholding key information, setting unrealistic deadlines, or unfairly criticising.
  • Social exclusion, where an individual is deliberately isolated from team activities or correspondence.
  • Misuse of authority, often referred to as an abuse of power at work, where a senior individual micromanages a subordinate, denies them training opportunities, or applies rules inconsistently.

Bullying vs. Harassment

It’s important to distinguish between bullying at work and harassment. Under UK law, harassment is a form of discrimination and is unlawful. It refers to a specific type of unfavourable treatment based on an individual’s protected characteristics, including race, gender, or disability.

Conversely, workplace bullying, while potentially just as harmful, has yet to be declared unlawful. It will only be deemed unlawful if it overlaps with a type of misconduct which is already protected against, such as harassment, or breaches health and safety regulations. Because of this, despite the damaging implications, incidents of bullying at work are often left unpunished.

In either case, though, victims of workplace abuse frequently experience anxiety, depression, or, in more severe cases, post-traumatic stress. As a result, it’s vital that those affected know how to act to ensure they protect their well-being.

Taking Action Against Workplace Abuse: Know Your Rights and Next Steps

If an employee is experiencing abuse in the workplace, it’s essential that they act fast. Not only will this help minimise the impacts of abuse, but strict time limits (typically three months, less one day) apply should they want to take the matter to an employment tribunal.

Steps to Take Before Making a Legal Claim

Before addressing an issue, it’s vital that employees identify patterns of abusive behaviour. They may feel they are being bullied at work or believe their superior is abusing their power in the workplace. Whatever the circumstances, they should ask themselves:

  • Is this behaviour making me feel intimidated or humiliated?
  • Is it undermining my ability to do my job?
  • Has it been repeated or persistent?

If the answer to these questions is yes, it’s probably time to act. Once an individual has identified workplace abuse, they should document the behaviour. This could include gathering emails, text messages, or the contact details of any witnesses. It’s important that those affected don’t overlook this step, as the evidence they gather could later prove crucial should they attempt to argue their case.

Before an employee decides to take their matter to court, though, several less formal alternatives should be pursued. Internally, individuals can request an informal chat with HR or file a formal grievance. Although the latter places additional obligations on the employer to act, both avoid the necessity of a tribunal, reducing the stress and costs for all concerned parties.

However, if the matter remains after an internal remedy has been sought, it may be time to look elsewhere. Acas early conciliation should be the first point of contact, as it offers a free service to help resolve the issue and is required before a claim can be brought. As a last resort, employment tribunal proceedings can be initiated, provided the individual satisfies the eligibility criteria and time limits to proceed. In any case, seeking specialist legal advice before acting is advisable to ensure the most appropriate action is taken.

How to Report Workplace Abuse

Many victims are unsure how to report workplace abuse safely and effectively. Individuals facing this dilemma should consider the following key steps:

  1. Review the company’s anti-bullying and harassment policy, and follow its instructions.
  2. Document everything, keeping a timeline of events and supporting materials.
  3. Speak with HR or a trusted manager, or file a grievance in writing.
  4. Seek legal advice if the situation persists or involves serious harm.
  5. Contact external organisations if necessary, including the Advisory, Conciliation and Arbitration Service (ACAS) or a solicitor.

Employer Responsibilities

Employers in the UK have a duty of care to protect employees from harm, including from abusive conduct. This may involve implementing comprehensive workplace policies, adequately training managers about how to handle incidents of gross misconduct, or promoting an inclusive culture.

Should they fail to satisfy their legal obligations, they could be vicariously liable for the abuse their staff experience. This could leave employees entitled to bring claims, such as constructive unfair dismissal.

Get Help with Redmans

If you have experienced workplace abuse or have any questions after reading this article, please reach out. Redmans Solicitors are experts in the employment sector, and following a brief consultation, we can answer your queries and provide specialist advice.

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