Reporting bullying, harassment, and discrimination

You can start by trying to address the situation informally. Sometimes, seeking to resolve the problem by talking to the perpetrator can work – particularly if they are unaware of the negative impact they are having on you:

• It can be helpful to prepare what you want to say to try to explain to the person who is upsetting you how their behaviour makes you feel.
• It’s best to take a firm but non-aggressive approach.
• If you can’t face talking to them, putting things in an e-mail may also help resolve things.

If the situation is too serious, you don’t feel comfortable addressing the person directly, or you have already tried but the behaviour continued, you can talk to someone senior at work who you trust such as your boss, another manager, or someone in HR.

• Check to see if the company you work for has a Bullying and Harassment Policy (or another policy which deals with these matters) and, if so, whether it specifies who you can speak to on a production or in your company.
• Explain what the problem is.
• Think about how you want the situation to be resolved.
• You can ask for the conversation to remain confidential and for the situation to be monitored. This may prevent the person you tell from being able to take any direct action, but it could help you air your concerns and explore options for moving forward.

You should be able agree together on an appropriate course of action that you feel comfortable with. This could include:

• A manager trying to resolve the situation by talking to the people involved in private.
• Trying to resolve the issues in a meeting with everyone involved, if everyone agrees to this.
• Formal or informal mediation, where a third party becomes involved to try and guide the parties towards a mediation settlement or solution.

If your attempts to address the situation informally have failed, or you think it’s serious enough to approach it formally, you have the right to pursue a grievance as an employee.

If you are self-employed/freelance, you may have such a right under the contractual arrangements you have in place. If your experience involves harassment and/or discrimination, you have a right to raise a grievance from day one - there is no requirement for you to have been employed for a certain amount of time.

• Your employer should have a grievance policy that sets out the formal process for dealing with your grievance. Even if they don’t, they should follow the steps in the Acas Code of Practice on disciplinary and grievance procedures which includes investigating the matter, inviting you to a grievance meeting to discuss your grievance and deciding on appropriate action (for example providing support/further training, or initiating a disciplinary process).
• Once you raise a formal written grievance, the responsibility shifts to an employer to arrange for your concerns to be addressed.
• It's helpful for your grievance to be set out in writing. Set out the factual background clearly and chronologically and identify the nature of the treatment which you have experienced. You should ensure that your facts are correct by checking any documents such as meeting minutes and e-mails.  You can read advice on how to keep a record here.
• Your employer should arrange for a formal meeting to be held without unreasonable delay after a grievance is received.
• At a grievance meeting, you have the right to be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union. Bectu supports this process as a core part of their offer to members, see more information about their legal scheme.

If you feel that your grievance has not been satisfactorily resolved, you have the right to appeal the outcome. You should let your employer know the grounds for your appeal without unreasonable delay and in writing. 

Your employer should arrange for an appeal meeting to which you have the right to be accompanied, as before. The appeal should be dealt with impartially and wherever possible by someone who has not previously been involved in the case. 

You should be notified in writing with the outcome of your appeal. 

This is usually the final stage in the process.

If you are dissatisfied with the outcome of the grievance process, you may want to find out whether you could bring a claim, including to an employment tribunal. 

You can contact Acas or seek legal advice for further information, including information about time limits for the claim and the steps you may need to undertake before you can bring a claim. For example, generally, before you are able to bring an employment tribunal claim, you must complete Acas's early conciliation. 

This is when Acas talk to both you and the other party about your dispute. It gives you the chance to come to an agreement or settlement without having to go to tribunal. This process can last for up to six weeks.

If it hasn’t been possible to resolve your case or settle it, you may decide to make a legal claim. Certain claims can be brought in an Employment Tribunal (such as claims for unfair dismissal, discrimination, or harassment). As employment law has become more complex it is often the case that the parties have legal representation, but this is not a requirement.

If you have to leave your employment, you might be able to make a claim to an employment tribunal for constructive unfair dismissal. It is helpful to seek legal advice before you resign because constructive dismissal claims can be risky and difficult to win.

Where bullying leads to an employee developing a psychiatric injury, a claim may be brought against the employer for personal injury in the civil courts. Damages are awarded in successful claims to compensate the employee for the injury suffered. In practice, it is often difficult to bring such claims in respect of workplace bullying, which are only brought where the employee has suffered a serious psychiatric injury and is likely to suffer substantial losses.

In extreme cases, an employee experiencing bullying may also consider bringing a claim in the civil courts under the Protection from Harassment Act 1997. The employee will need to show that the bullying was part of a course of conduct (i.e. at least two or more incidents) which was oppressive and unacceptable, and caused the employee alarm or distress. Damages can be awarded for successful claims for any anxiety caused, as well as any injury arising, and there is no cap on the amount of damages. In practice, such claims are rarely brought in respect of workplace bullying, not least because of the need to overcome the high hurdle of showing that the harassment amounted to criminal liability.

Whistleblowing is when a worker discloses a type of wrongdoing that is in the public interest. 

As a whistleblower, you’re protected by law from being treated detrimentally or losing your job. You can raise your concern at any time about an incident that happened in the past, is happening now, or you believe will happen in the near future. Generally, reporting wrongdoing about bullying, harassment, or discrimination is usually not covered by whistleblowing law, unless your particular case is in the public interest.

TV broadcasters have their own routes to reporting:

• The BBC encourages individuals to raise the issue informally first. If still unsatisfied, staff and freelancers can contact BBC HR or the Care First Bullying and Harassment Support line available to all employees and freelancers, on 0800 014 7154 or 01452 623367 or visit their website.
• ITV recommends five routes of reporting for freelancers: raise a concern with a line manager or HR manager; contact a trade union; or log into the ITV studios cloud (0800 915 1571).
• Channel 4 freelancers should first raise concerns with the production company. If they feel this is not appropriate or their concerns have not been addressed, they can contact Speak Up.
• For Channel 5, anyone working on a production can report incidents anonymously through Paramount's reporting helpline.
• Sky Freelancers and internal staff are advised to report any incidents to Sky’s in-house whistleblowing service or to a safeguarding representative on set via Sky Listens.
• If your production is BFI-funded you can report the issue to them.
• If you are a member of Bectu you can access legal advice and representation.
• You could also approach Directors UK if one of their members is involved, as they commit to dealing with bullying and harassment in their contracts/code of conduct.
• Other organisations might also be able to support you – for example, if you belong a guild or agency.