Bullying and harassment in one form or another is more common in the workplace than you might think. If you have been subjected to it deciding whether to make a complaint is a crucial but is often a difficult decision.
We can offer you guidance and support to help you decide what action to take, whether you make a complaint under the employer’s bullying and harassment or equal opportunities policies, initiate a ‘protected conversation’ for a negotiated exit or whether you should bring a claim and, if so, what your potential claim should be. We have a proven track record in pursuing high value claims for victims of discrimination, bullying and harassment. Your objectives will be at the heart of our advice and from the start and if you decide to bring a claim we will give you a clear indication of how likely it is that your case will succeed.
What constitutes bullying, harassment and discrimination?
Poor treatment is not in itself unlawful discrimination but poor treatment which it is linked to a characteristic which is protected by the Equality Act 2010 could be. The protected characteristics are age, disability, pregnancy and maternity, race, religion or belief, sex and sexual orientation, gender reassignment, marriage and civil partnership status.
Technology company
We advised a technology company in relation to discrimination claims raised by a senior female employee. Although a tribunal claim was issued, it proved possible to negotiate terms of settlement which allowed for the parties concerned to continue with their working relationship and for the employer to continue to benefit from the ongoing contribution of their skills.
Bullying and harassment
We advised a senior executive in the hospitality industry in relation to the bullying and harassment she experienced and advised on her options. We put forward a ‘protected conversation’ proposal for the mutual termination of the employee’s employment with a significant financial payment including payment in lieu of notice of salary and benefits and a substantial ex gratia payment.
Sex discrimination, harassment and bullying
We successfully represented Gillian Switalski in her £19 million landmark claim for compensation for Sex discrimination, harassment and bullying suffered whilst she was employed as the General Counsel of a large Asset Management business, based in the City. This long running and highly contentious dispute had wide press coverage given the size of the claim, the subject matter of the allegations and the numerous rounds of litigation that took place before the Employment Tribunal, Employment Appeals Tribunal and the Court of Appeal. Press mentions of the case: The Guardian & The Express
Howard Hymanson
Partner
E: howard.hymanson@harbottle.com
T: +44 (0)20 7667 5000
Marian Derham
Partner
E: marian.derham@harbottle.com
T: +44 (0)20 7667 5000
Yvonne Gallagher
Partner
E: yvonne.gallagher@harbottle.com
T: +44 (0) 20 7667 5000
Poppy Lucas
Senior Associate
E: poppy.lucas@harbottle.com
T: +44 (0)20 7667 5000
Sarah Verrecchia
Senior Associate
E: sarah.verrecchia@harbottle.com
T: +44 (0)20 7667 5000
