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When Workplace Harassment Becomes a Crime
Adrian Fryer
Harassment is a serious offence. If it is related to one of the protected characteristics under the Equality Act 2010, then it can give rise to an employment tribunal claim and substantial financial awards. It can also be a criminal offence. Sometimes, conduct taking place at work satisfies not only the employment law definition of harassment but also the criminal standard.
Against this backdrop, the Telegraph has reported that a Metropolitan Police call centre manager was found guilty of harassment in the criminal courts after targeting a colleague with unwanted gifts and messages.
This is a rare case where workplace harassment strayed into criminal conduct. The manager was handed an 18-month community order and a two-year restraining order. Some of his harassing acts were eyebrow raising to say the least, including gifting a signed photo of the rock band Queen and expensive perfume, claiming to be Ronan Keating’s cousin, and posing as Ronan himself in messages sent to his victim.
Being given gifts and being contacted by a pop star may not look like classic examples of harassment as they are all, on the face of it, ‘positive’ actions. This does not mean that they cannot also be harassment, either in the criminal sense (as in this case) or in an employment context. This case is a reminder to employers that harassment can take many forms. If conduct is ‘unwanted’ by the victim then, provided it is reasonable for them to feel that way, it can and will be harassment in the eyes of the law.