Recent events, social media campaigns and ongoing research have shone a spotlight sexual harassment endured in the workplace.
The headlines have prompted more companies to address the issue.
Research by the Trades Union Congress published last year reported 52% of women questioned stated they had experienced some form of sexual harassment.
Over eighty percent of these women said their experience of sexual harassment had taken place on work premises with a significant number reporting such behaviour had taken place during work related events, such as Christmas parties.
The obligation upon employers to take active steps to prevent sexual harassment is not just a moral one, but a legal one under the Equality Act 2010.
Mark Serby, employment solicitor at Wake Smith in Sheffield, looks at the steps employers can take to prevent sexual harassment in the workplace and how employers should deal with any complaints that have been made.
“There can be no denying the fact that this is a workplace problem which needs to be tackled by employers.
“All employers are well advised to take reasonable steps to prevent such behaviour in the first place, but also to deal with any complaints that are made where harassment may have taken place.”
An employer should ensure:
- Staff are educated as to what constitutes harassment
- There are suitable anti-harassment and bullying policies in place
- It fosters a culture where the reporting of incidents is encouraged
- All employees are familiar with policies and also undergo relevant training, such as diversity and equal opportunities training.
“It can be extremely hard for someone to speak up about sexual harassment especially in male dominated industries.
“Whatever the sector, there should be clear mechanisms in place for employees to report unacceptable behaviour and employees should be made aware of these. This includes making staff aware of grievance and whistleblowing procedures.
“Managers, including HR managers, need to be comfortable with the processes they should follow in dealing with any complaints, so that any are dealt with seriously, consistently and promptly.
“And where any complaint has been made, that steps are taken to properly investigate.
“Any person making a complaint should be properly supported throughout the process, including appropriately managing their work environment during any investigation.
“A company should act in line with its own employment policies and processes and any appropriate disciplinary action should be taken against the alleged wrong doer, where warranted.
“The research and headlines show that sexual harassment is a societal problem, but also that the workplace plays a huge part in sustaining this culture.
“Employers need to play a key part in reversing this trend. This can only be done by making it clear they have not only taken steps to foster an environment supportive of dignity and respect, but also one of openness whereby victims are not fearful of being penalised for coming forward.
“This means that unacceptable behaviour will not be tolerated including unwanted conduct of a sexual nature, violating the dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for another person and the use of offensive words.
“Finally, one point of note to consider is that although employees should clearly be concerned to ensure they are not acting unacceptably (since they can be found personally liable), employers can also be held responsible for their employees’ actions through vicarious liability.”
For further advice on employment law and taking active steps to prevent sexual harassment occurring in your workplace contact Mark Serby on 0114 224 2048 or at [email protected]
