What is bullying?
Bullying is regular, intentional intimidation designed to undermine the confidence and capability of the victim. Bullying can take the form of verbal abuse, violent gestures, physical violence, allocation of blame and ‘picking on’ employees unfairly, public humiliation of employees or a more ‘subtle’ war of words designed to undermine the worker’s confidence.

What is harassment?
Harassment can take the form of physical, verbal or non-verbal conduct which is unwanted by the individual target. Harassment occurs when one person’s or a group’s behaviour towards another gives offence.

For example, such behaviour may take the form of remarks designed to embarrass, inappropriate jokes or ridicule, unwelcome physical contact, suggestions or demands for sexual favours, racial shunning or segregation or racial abuse. Each incident may not seem significant to the objective observer when taken in isolation but it is important to recognize that there is a cumulative effect and that each incident builds upon the last.

What should employees do if they believe they are being harassed at work?
If an employee believes that he or she is being harassed at work, a formal grievance or complaint should be made to the employer. Should the employee believe that their employer has ignored their concerns about harassment suffered at the hands of fellow employees and failed to provide them with the support necessary to undertake their job, then they may be able to claim that the employer’s conduct has breached their contract of employment. The employee may then be able to claim breach of contract through a Court.

What is the legal position?
While there is no specific Jersey legislation dealing with such issues, it is recognised that harassment in its various forms can lead to stress-related illness. Under Jersey’s Health & Safety at Work Law (Article 3), it is the duty of every employer "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees." It therefore follows that employers can be liable for the actions of their employees at work or in a work-related situation unless they can prove that they have taken all reasonable steps to prevent any harassment occurring. In certain circumstances, an employee being harassed in the workplace could therefore make a claim to the Court and sue an employer for stress if that employee can no longer continue in his or her job.

For practical confidential advice on how to overcome bullying or harassment in the workplace, simply complete our enquiry form or give us a call on FREEPHONE 0800 567 7813.