Learn how to legally respond to workplace harassment

Learn how to legally respond to workplace harassment or discrimination.

Workplace harassment is a serious issue that affects employee wellbeing, productivity, and organizational culture. Whether you're experiencing harassment in Pakistan or the UK, understanding your legal rights and knowing how to respond appropriately is crucial for protecting yourself and holding employers accountable.

What Constitutes Workplace Harassment?

Workplace harassment is unwelcome conduct based on protected characteristics or that creates a hostile, intimidating, or offensive work environment. It includes:

Types of Harassment

Sexual Harassment: Unwanted sexual advances, requests for sexual favors, inappropriate touching, sexual comments or jokes, displaying explicit materials, or creating sexually hostile environments.

Discriminatory Harassment: Offensive conduct based on race, religion, gender, age, disability, national origin, or other protected characteristics.

Bullying: Repeated offensive, intimidating, or humiliating behavior that undermines an individual's dignity and creates fear or distress.

Psychological Harassment: Verbal abuse, threats, intimidation, deliberate isolation, or sabotaging someone's work.

Retaliation: Adverse actions taken against employees who complain about harassment or discrimination.

Legal Protections in Pakistan

Sexual Harassment Laws

Protection Against Harassment of Women at the Workplace Act 2010: Pakistan's primary legislation against workplace sexual harassment:

• Defines sexual harassment broadly including physical, verbal, and non-verbal conduct
• Applies to all workplaces, public and private
• Requires employers to establish inquiry committees
• Provides complaint procedures and penalties for offenders
• Protects complainants from retaliation

Provincial Laws: Some provinces have additional protections:

• Punjab Code of Conduct Rules 2012
• Sindh Protection Against Harassment of Women at the Workplace Rules 2013
• Similar regulations in other provinces

Constitutional Protections

Article 14 (dignity of person) and Article 25 (equality of citizens) of Pakistan's Constitution provide fundamental protections against harassment and discrimination.

Pakistan Penal Code

Sections covering assault (PPC 354-354A), criminal intimidation (PPC 506), and insult to modesty (PPC 509) can apply to severe harassment cases.

Legal Protections in the UK

Equality Act 2010

Primary anti-discrimination legislation protecting against harassment based on:

• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation
• Marriage and civil partnership (in employment)
• Pregnancy and maternity

Defines harassment as unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

Protection from Harassment Act 1997

Criminalizes harassment generally (not just workplace-specific), providing both criminal penalties and civil remedies including restraining orders.

Health and Safety at Work Act 1974

Employers have duty to ensure employee safety and wellbeing, which includes preventing workplace harassment.

Recognizing Harassment

Common Examples of Workplace Harassment

• Unwanted physical contact or sexual advances
• Offensive jokes, slurs, or epithets related to protected characteristics
• Displaying or sharing offensive images or materials
• Intimidating behaviors like yelling, threatening, or aggressive posturing
• Deliberate exclusion from work activities or communications
• Spreading false rumors or malicious gossip
• Belittling comments about someone's work or abilities
• Quid pro quo propositions (job benefits for sexual favors)
• Microaggressions and repeated insensitive comments
• Cyberbullying through work emails, messaging, or social media

What is NOT Harassment

Not all negative workplace experiences constitute legal harassment:

• Legitimate performance management and criticism
• Lawful workplace discipline
• One-off minor incidents (though repeated incidents can constitute harassment)
• Personality conflicts that don't involve protected characteristics
• Workplace stress from high demands (unless involving bullying behavior)

Steps to Take When Experiencing Harassment

1. Tell the Harasser to Stop

If you feel safe doing so, clearly tell the harasser that their behavior is unwelcome and must stop. Sometimes people are unaware their conduct is offensive. Document this conversation.

2. Document Everything

Maintain detailed records including:

• Date, time, and location of each incident
• Exact words or actions of the harasser
• Names of witnesses present
• How the incident made you feel
• Any action you took in response
• Save emails, messages, photos, or other evidence
• Keep a copy at home (not just at work)

3. Review Company Policies

Check your employee handbook for:

• Anti-harassment policies
• Complaint procedures
• Who to report to
• Investigation processes
• Protection against retaliation

4. Report Internally

In Pakistan:

• Report to employer's inquiry committee (required under 2010 Act)
• Submit written complaint with evidence
• Committee must complete inquiry within 3 months
• Employer must provide safe working environment during investigation

In the UK:

• Report to HR department, line manager, or designated officer
• Follow company grievance procedure
• Employer must investigate promptly and fairly
• You have right to be accompanied at grievance meetings

5. File External Complaints if Necessary

Pakistan:

• Provincial Ombudsman: File complaint if employer fails to act or you're dissatisfied with internal inquiry result (within 30 days)
• Labor Courts: Can file cases for wrongful termination or constructive dismissal resulting from harassment
• Police: For criminal offenses like assault or serious threats, file FIR
• Pakistan Penal Code Complaints: Through magistrate courts for criminal harassment charges

UK:

• ACAS (Advisory, Conciliation and Arbitration Service): Free early conciliation service for workplace disputes
• Employment Tribunal: File claim within 3 months of last incident (minus one day) for discrimination or harassment claims
• Police: For criminal harassment under Protection from Harassment Act 1997
• Equality and Human Rights Commission (EHRC): Can provide guidance and in some cases take legal action

6. Seek Support

Dealing with harassment is traumatic. Seek support from:

• Trusted family members or friends
• Employee assistance programs (EAP) if available
• Professional counseling or therapy
• Support groups for harassment survivors
• Trade unions if you're a member
• Legal advisors specializing in employment law

Employer Responsibilities

Prevention Measures

Employers must:

• Develop and publicize clear anti-harassment policies
• Provide regular training to all employees and managers
• Establish accessible complaint procedures
• Create safe channels for reporting (multiple options, including anonymous)
• Foster respectful workplace culture
• Lead by example with zero-tolerance approach

Response Obligations

When harassment is reported, employers must:

• Take complaints seriously and act promptly
• Conduct fair, impartial investigations
• Maintain confidentiality as much as possible
• Protect complainants from retaliation
• Take appropriate disciplinary action against harassers
• Implement measures to prevent recurrence
• Support affected employees (counseling, adjustments)

Liability

Employers can be held legally liable for harassment by:

• Their employees (vicarious liability)
• Third parties (clients, customers, vendors) if employer was aware and failed to act

Liability can result in compensation awards, legal costs, damage to reputation, and regulatory penalties.

Protection Against Retaliation

Both Pakistan and UK laws prohibit retaliation against employees who:

• Report harassment or discrimination
• Participate in investigations
• Support co-workers' complaints
• File external complaints or legal claims

Retaliation can include:

• Termination or demotion
• Reduction in pay or hours
• Negative performance reviews
• Exclusion from opportunities
• Hostile treatment
• False accusations

Retaliation claims can be pursued separately from original harassment complaints and often carry significant penalties.

Remedies and Compensation

Pakistan

Remedies can include:

• Workplace adjustment (transfer of harasser, flexible arrangements)
• Disciplinary action against harasser (warning to termination)
• Compensation for harm suffered
• Criminal penalties for serious offenses
• Employer penalties for non-compliance with harassment laws

UK

Employment tribunal can award:

• Compensation: For injury to feelings (typically ??1,000-??50,000+ depending on severity), financial losses (lost wages, benefits), and future losses
• Recommendations: That employer takes specific action (training, policy changes)
• Declarations: That rights were breached

No cap on discrimination compensation awards. Aggravated damages possible for particularly egregious cases.

Common Obstacles and How to Overcome Them

Fear of Retaliation

Remember retaliation is illegal. Document everything. If retaliation occurs, you have additional legal claims. Consider seeking legal advice before reporting.

"He Said, She Said" Situations

Document patterns of behavior. Identify witnesses. Even without direct evidence, credible testimony and corroborating circumstances can support your case.

Pressure to Stay Silent

Employers may pressure you to drop complaints or accept informal resolutions. You have the right to pursue formal complaints and external remedies if dissatisfied.

Victim Blaming

Harassment is never the victim's fault, regardless of their clothing, behavior, or responses. Focus on the harasser's unacceptable conduct, not your reaction to it.

Cultural Stigma

Especially in Pakistan, cultural factors may discourage reporting. Remember, legal protections exist regardless of cultural norms. Your wellbeing and rights matter.

Special Considerations

Sexual Harassment by Superiors

Harassment by managers or supervisors is particularly serious as they hold power over your employment. Report to higher management, HR, or external authorities. Don't feel obligated to report to your harasser first.

Third-Party Harassment

Harassment by clients, customers, or vendors is also illegal. Employers must protect you from third-party harassment once aware of it.

Online and Social Media Harassment

Work-related harassment through digital platforms counts. Save screenshots, messages, and other digital evidence.

Intersectional Harassment

Harassment based on multiple protected characteristics (e.g., race and gender) can be particularly harmful and is fully protected under law.

Alternatives to Legal Action

Mediation: In some cases, workplace mediation can resolve conflicts without formal proceedings. Only appropriate if you feel comfortable and harassment isn't severe.

Settlement Agreements: Employers may offer settlements. Have any settlement reviewed by an independent lawyer before signing. Ensure it's fair and includes all entitlements.

Resignation and Constructive Dismissal: If harassment makes continuing employment intolerable, you may resign and claim constructive dismissal. Seek legal advice before resigning as timing and process are crucial.

Moving Forward

Recovering from workplace harassment takes time. Consider:

• Continuing counseling or therapy
• Building support networks
• Focusing on career development and opportunities
• Learning to set boundaries in future employment
• Understanding that healing is not linear

Your experience, while difficult, demonstrates courage in standing up for your rights. Many victims find empowerment through their advocacy and helping prevent others from facing similar treatment.

Conclusion

No one should endure harassment at work. Legal protections exist in both Pakistan and the UK to safeguard employees and hold harassers and employers accountable. Understanding your rights, documenting incidents, following proper complaint procedures, and seeking professional legal advice when needed empowers you to respond effectively to workplace harassment.

If you're experiencing workplace harassment or discrimination, our employment law team can help. We provide confidential consultations, represent employees in complaints and litigation, and fight to protect your rights and dignity at work. Contact us today to discuss your situation and legal options.