Workplace Sexual Harassment
Sexual harassment in the workplace is a delicate topic. With the holiday season fast approaching every employer has the additional concern of the office Christmas party; where the risk of harassment is even greater with alcohol flowing. It’s possible that an employee could find themselves caught between the mistletoe and the photocopier by the office Lothario.
Not / Guilty?
Anybody who finds themselves in an uncomfortable situation caused by another individual may be a subject of harassment; which can range from inappropriate jokes and comments to the more serious offences like inappropriate touching and sexual assault. Although tolerance levels vary among individuals, the freedom from harassment isn’t just about having a thicker skin than others. When an employee is faced with inappropriate comments or behaviour that makes them feel uncomfortable, they should make their feelings known to try and put an end to it immediately. We all spend a large portion of our lives at work so it’s important that the workplace is a safe environment.
In October 2005 new regulations came into force extending the protection of sex discrimination rules to cover sexual harassment. Up to this point inappropriate workplace behaviour was largely undefined and therefore difficult to prove in the UK. Additionally under the Equality Act 2010, sex and sexual orientation are listed as protected characteristics under which any form of discrimination is a breach of the law.
Your role
An employer has a duty of care to ensure that their employees act within the law and that includes being able to attend an office-related social function without fear of harassment; where everyone can have fun, make new friends, let off a bit of steam and strengthen existing relationships. It is also an opportunity for employers to reward staff for all their hard work over the previous twelve months. An employer with a history of hosting successful social events could enjoy the reputation of an employer of choice and can also inspire loyalty, helping to retain existing key members of staff.
By Definition
Staff members may need a reminder that the office party is an extension of their normal workplace, where inappropriate behaviour will be met with appropriate reprimands. This can be shored up with a social event policy setting out some ground rules. Younger members of staff may never have attended a workplace social event so it is up to the HR/Manager to ensure that behavioural limits are clearly defined. It may also be a good idea to have clear limits on the amount of alcohol available during a work function if possible.
Not for me, thanks
When planning a function, consideration should be given to the ethnicity and background of all staff. It’s possible that some employees’ faith precludes their celebrating Christmas or the consumption of alcohol or even certain types of food. It’s important that any work function is inclusive and that thought is given to minority groups.
Permission to speak
One common assumption is that all victims of sexual harassment are female but this may not be the case. Monster reports that one in five of all calls to an Equal Opportunities helpline were regarding sexual harassment and 40% of these were made by men.
One shade of not-grey
The law is very clear on what constitutes sexual harassment. If there is a solid cause for a complaint, it’s important that your company has a clear reporting procedure for the complainant to follow whether this be a grievance procedure or a more specific bullying and harrasment or dignity at work procedure.
The Equality Act protects every individual from being discriminated against, either directly or indirectly on account of their gender, including behaviour of a type that is offensive to a particular gender or encouraging other people to do so.
When trying to determine if a reported behaviour actually is sexual harassment, it’s important to remember that it is the effect of the behaviour on the recipient that counts; not the intention and not how it might appear to an investigator or other person. Whilst sexual harassment is usually treated as a disciplinary offence, most sexual harassment cases are brought against the employer and not the perpetrator. As an employer you are legally responsible for the well-being, including mental well-being, of your employees.
Get in touch
With forethought, considerate and careful planning, and with the right guidelines and policies in place, your Christmas party can be memorable for all the right reasons.
Please feel free to contact us for helpful guidance regarding the identification, prevention and management of sexual harassment in the workplace.
