What happens if a contractor is harassed by an employee?

The reputational risk is significant.” If the harassment or discrimination by a client’s employee reaches the point where a contractor is physically threatened, then it may become a police matter. Mimnagh concludes: “The equalities legislation provides protection for all workers, regardless of their status.

Can a contractor take a discrimination case to employment tribunal?

The ‘nuclear option’ is for a contractor to take their discrimination or harassment case to an employment tribunal. But Mimnagh warns contractors against this option, because it is fraught with risk – not only of failure but also of other repercussions.

Can a service provider remove employees who are being harassed?

In practical terms, Mimnagh’s experience is that a large service provider that has workers who are being harassed can simply remove their employees from the end-client’s location. The business itself can walk away from the contract and can afford to deal with the legal fall-out.

What’s the difference between discrimination, harassment and victimisation?

In the Equality Act 2010, victimisation and harassment have quite specific meanings – while ‘bullying’ doesn’t feature as a legal term at all. Discrimination and harassment can be identified in the following protected characteristics: DISCRIMINATION Discrimination can be direct or indirect.

What does it mean to be a victim of workplace harassment?

Some legislation refers to this conduct as “penalising” an employee, other legislation refers to it as victimisation. If you are being victimised but not because you are claiming your rights under certain employment legislation then the issue may be harassment or bullying in the workplace.

Where can I make a complaint about victimisation at work?

If you have been victimised you can make a complaint to the Workplace Relations Commission. You should use the online complaint form available on workplacerelations.ie. The complaint must be brought within 6 months of the last act of victimisation or the date of dismissal.

What are some examples of victimisation at work?

Victimisation includes dismissal in order to avoid a fixed-term contract being considered an open-ended contract. An agency worker is protected against being victimised for reporting breaches of the Protection of Employees (Temporary Agency Work) Act 2012.

Can a part time employee be victimised by an employer?

If you are a part-time employee you may not be penalised for claiming your rights under the Protection of Employees (Part-Time Work) Act 2001. An employer is prohibited from victimising a fixed-term employee who looks to avail of their rights under the Protection of Employees (Fixed-Term Work) Act 2003.