Preventing Workplace Harassment

Working life in Malta should be a fulfilling experience, a place where you can contribute your skills, grow, and feel respected. Sadly, for some, the workplace can become a source of stress and anxiety due to harassment. It’s a reality that can undermine confidence, affect mental health, and impact your career trajectory. As your legal expert in Malta, I want to empower you with the knowledge and tools to ensure your professional environment remains safe and inclusive. Understanding how to tackle and actively engage in Preventing Workplace Harassment is not just about knowing your rights; it’s about fostering a culture of respect and dignity for everyone. This article aims to shed light on this crucial topic, offering practical advice and clarity for employees facing such challenges.

Understanding Workplace Harassment: What is it?

Workplace harassment isn’t always obvious, and it can take many forms. Essentially, it’s any unwanted conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for them. It’s not just about grand gestures; it can be subtle, repeated actions that chip away at a person’s sense of security.

Different Forms of Harassment

• Verbal Harassment: This includes insults, offensive jokes, slurs, threats, or demeaning comments about a person’s gender, race, religion, sexual orientation, disability, or any other characteristic.
• Non-Verbal Harassment: This can involve offensive gestures, displaying inappropriate images, intimidating body language, or even cyberbullying through emails or social media.
• Physical Harassment: While less common, this involves any unwanted physical contact, assault, or threats of physical harm.
• Sexual Harassment: This is a specific form of harassment involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This includes anything that makes you feel uncomfortable in a sexual way.
• Psychological Harassment (Bullying): This often involves repeated unreasonable behaviour directed towards an employee, or group of employees, that creates a risk to health and safety. Examples include constant criticism, exclusion, excessive monitoring, or undermining someone’s work.

It’s important to remember that the impact of the behaviour, not just the intent, is what matters. If a behaviour makes you feel targeted or uncomfortable, it could be harassment.

Your Rights and Legal Protections in Malta

Malta’s legal framework offers robust protections against workplace harassment. The primary piece of legislation is the Employment and Industrial Relations Act (EIRA), which, along with other subsidiary legislation, prohibits discrimination and harassment based on various grounds including gender, marital status, pregnancy, sexual orientation, age, religion, political opinion, disability, and race/ethnic origin.

Employers in Malta have a legal duty to provide a safe working environment, free from harassment. This means they are expected to take all reasonable steps to prevent harassment from occurring and to address it effectively if it does happen. Knowing these rights is your first line of defense in preventing workplace harassment.

Practical Steps for Employees

If you believe you are experiencing or witnessing workplace harassment, taking action can feel daunting, but it’s crucial. Here are some practical steps you can take:

1. Document Everything

• Keep a Log: Note down dates, times, locations, and details of each incident. Include what was said or done, who was involved (harasser, witnesses), and how it made you feel.
• Save Evidence: Keep copies of any relevant emails, messages, or documents.

This documentation is vital. It creates a clear record of events and can be incredibly powerful if you decide to take formal action.

2. Address the Harassment Directly (If Safe and Comfortable)

Sometimes, the harasser may not realize their behaviour is unwelcome or offensive. If you feel safe and comfortable, you can address the person directly and clearly state that their behaviour is unwelcome and needs to stop. This should be done calmly and professionally. However, do not feel obligated to do this if you fear retaliation or further harassment.

3. Utilise Internal Reporting Mechanisms

Most organisations in Malta should have an internal policy and procedure for reporting harassment. This usually involves reporting to your line manager, HR department, or a designated harassment officer. Follow these procedures:

• Familiarise Yourself: Find out what your company’s policy on harassment is. It’s often in your employee handbook or on the company intranet.
• Submit a Formal Complaint: Follow the steps outlined in the policy to submit a formal complaint. This puts your employer on notice and obliges them to investigate.

4. Seek Support

• Talk to a Trusted Colleague, Friend, or Family Member: Sharing your experience can help alleviate stress and provide emotional support.
• Consider Employee Assistance Programmes (EAP): If your company offers an EAP, these services often provide confidential counselling and support.
• Trade Unions: If you are a member of a trade union, they can offer advice, support, and representation.

The Employer’s Role in Preventing Workplace Harassment

It’s not just up to employees to prevent harassment. Employers have a significant responsibility:

• Clear Policies: They must have clear, accessible policies against harassment and discrimination.
• Training: Regular training for all employees and management on what constitutes harassment and how to prevent it.
• Investigation: Timely, impartial, and confidential investigation of all reported incidents.
• Corrective Action: Taking appropriate disciplinary and corrective action against harassers.
• Non-Retaliation: Ensuring that employees who report harassment are protected from any form of retaliation.

A proactive approach by employers in preventing workplace harassment creates a safer environment for everyone.

Moving Forward with Confidence

Workplace harassment is a serious issue, but you are not alone, and you have rights. Taking steps to address and prevent it can be challenging, but it’s essential for your well-being and for fostering a respectful working environment in Malta.

If you’re unsure about your next steps, need clarity on your legal rights in Malta, or require assistance with filing a formal complaint, don’t hesitate to seek professional legal guidance. An experienced lawyer can review your situation, explain your options, and help you navigate the complexities of employment law.

To understand your specific situation better and ensure your rights are protected, consult a lawyer for advice.