Part 2: Harassment and victimisation

The term 'harassment' can cover behaviour that is offensive, threatening or simply distressing for the individuals concerned.

At an obvious level this could mean intentional bullying or violence towards someone on the grounds of age, but could also be unintentional, subtle and insidious such as the use of certain nicknames or teasing.

Such harassment may not only be about the individual's age but could be about the age of those with whom the individual associates. In addition, it may not be targeted at an individual, but could consist of a general culture that appears to tolerate ageism.

It is also worth noting that harassment can apply in the workplace or at a time and place associated with the workplace - such as a work-related social gathering.

As well as the employees themselves being individually responsible, organisations may be liable for the actions of their employees, unless it can be shown that reasonable steps have been taken to prevent harassment.

One aspect of the new regulations worth highlighting at this point is the fact that they cover workers of all ages - young and old.

So, for example, if a young employee is continually told he is "wet behind the ears" and "straight out of the pram" which he/she finds humiliating and distressing, then this would be considered harassment.

Victimisation is when an individual is treated detrimentally because they have made a complaint or intend to make a complaint about discrimination or harassment or have given evidence or intend to give evidence relating to a complaint about discrimination or harassment.

They may be labelled a "troublemaker", denied promotion or training, or be 'sent to Coventry' by their colleagues. If this happens, or if organisations fail to take reasonable steps to prevent it from happening, then they may be ordered to pay compensation. Individuals who victimise may also be ordered to pay.