Naming what is happening
In everyday speech, “harassment” covers many painful situations. Legally, workplace bullying (acoso moral) usually involves repeated hostile conduct that undermines a person’s dignity or integrity. Sexual harassment and sex-based harassment have their own legal definitions, and in those cases a single serious act can be enough.
Not every tension, criticism or organisational conflict is harassment — and that does not make the distress any less real. Drawing the distinction carefully helps choose the right route: sometimes a management conflict is better resolved with other tools; at other times the pattern is clear and calls for a firm response.
Documenting with care
A simple timeline — date, what happened, who was present, how it affected you — is the most useful tool. Written close to the events, it brings precision. Keep emails, messages and instructions you received legitimately and note possible witnesses.
Avoid accessing other people’s accounts or documents, sharing screenshots in group chats or airing the conflict on social media: besides harming your position, it can create liability. Recording conversations you take part in raises questions worth discussing beforehand.
Internal channels, health and prevention
Employers must have measures against sexual and sex-based harassment, and many have broader protocols and reporting channels. Using them creates a record and obliges the company to investigate. Before doing so, it helps to check what the protocol says, who runs it and what confidentiality it guarantees.
If your health is suffering, medical care comes first and is not a weakness in your case. Harassment is also a psychosocial risk: the occupational health and safety service and, where appropriate, the Catalan Labour Inspectorate (Inspecció de Treball de Catalunya) can intervene.
Possible legal routes
Depending on the facts, options may include a complaint to the Labour Inspectorate, a court action to protect fundamental rights, asking the court to terminate the contract for the employer’s serious breach with severance, or, in serious cases, criminal proceedings. Each option has its own deadlines, evidence requirements and personal implications.
My training in Psychology helps me listen without rushing and understand the impact of these situations, but the work itself is legal: organising facts, weighing evidence and explaining clearly what can be done and what risks each path carries.
When the environment doesn’t help
Sometimes the person who should trigger the protocol is part of the problem, or the team is so small that no real channel exists. In those cases it is worth considering alternatives: going to another person with authority, to the employee representatives, to the external health and safety service, or directly to the Inspectorate. The aim is for the employer to be informed in a way that can be proven, without you taking on more exposure than necessary while the next step is decided.
Building a record without putting yourself at risk
Harassment is rarely proven by one event. It is usually a pattern, and a pattern needs a record. A private diary with dates, what happened, who was present and how it affected you is one of the most useful things you can start today. Keep copies of emails and messages that you have legitimately received. Do not access colleagues' accounts or company systems you are not authorised to use, because that can create a separate problem.
If your health is affected, see your doctor and explain the work context. Medical records written at the time carry weight later.
Internal protocol, Labour Inspectorate or court
Every company must have a procedure for preventing and handling sexual and gender-based harassment, and many cover workplace bullying too. Using the internal channel can stop the situation quickly and creates a written trail, but it is not the only option. A complaint to the Labour Inspectorate, a claim for protection of fundamental rights, or a request to terminate the contract because of the employer's serious breach can be considered depending on the facts.
The choice depends on what you want: that the conduct stops while you keep your job, that you leave with compensation, or both. That decision is yours, and it should be made with a clear view of the evidence available.
Protection against retaliation
A worker who reports harassment is protected against reprisals. If a complaint is followed by a sudden disciplinary file, a change of shift or a dismissal, that sequence itself is relevant and may lead a court to examine whether the decision was a response to the complaint.
Useful documents for a first review
- A timeline with dates, events and people present
- Emails, messages or documents received legitimately
- Names of possible witnesses
- The company’s harassment protocol, if you know it
- Medical reports or related sick-leave records
- Earlier communications with HR or employee representatives
What to expect from the first conversation
In our first contact you tell me what happened and what worries you. I will tell you whether any deadline requires immediate action, which documents to gather and, broadly, which routes are available. If we decide to work together, you will receive the scope of the engagement and the fees in writing before anything starts.
You do not need to have everything in order or know the legal name for your situation — that is precisely my job. The one thing that matters is not letting time slip by when deadlines are involved. I work in Spanish, Catalan and English.
Frequently asked questions
Do I have to report internally before going to court?
It is not always mandatory, but it is often advisable. The decision depends on the seriousness, your confidence in the channel and the overall strategy.
Can I leave my job because of harassment and receive compensation?
You can ask the court to terminate the contract for the employer’s serious breach. This needs prior analysis: simply walking out may harm your rights.
Is what I tell you confidential?
Yes. Your relationship with your lawyer is protected by professional secrecy.