Harassment is described as unwanted conduct which has the effect or purpose of undermining a person’s dignity.
But what if the employee is saying they are being harassed, but you think they are making a mountain out of a mole hill?
In the event that differing perspectives are argued by the employer and employee, the tribunal would consider how a reasonable bystander would judge the situation and make a decision based on this.
Victimisation involves treating an employee less favourably. In a basic sense, this means being treated unfairly.
A tribunal would be likely to find in an employee's favour if victimisation is on the grounds of a 'protected characteristic' (sex, race, disability etc). But, victimisation could also arise from other issues. For example victimisation due to whistle blowing or supporting another employee who is making a complaint could also lead to a successful tribunal claim.
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