law


‘I was just having a laugh…’


This summer the TUC reported that more than half of the women it surveyed had been sexually harassed at work and most admitted they hadn’t reported it


The BBC subsequently interviewed people who’d experienced harassment with some saying:


“I left in tears and signed off sick”; “I didn’t tell anyone as I was too embarrassed” and “the company did nothing.”


To combat this behaviour in the workplace and to ensure all employees feel safe, valued and respected, doing ‘nothing’ should never be an option.


Although a remark might be meant as a compliment, the law is not concerned with the intent of the perpetrator, but rather the effect on the recipient. It is therefore vital that a company should do everything it can to prevent harassment by


creating a comprehensive bullying and harassment policy which should include an explanation around what behaviours are not acceptable. It must also ensure that all employees have visibility of the policy and are fully trained.


To reassure the four out of five women that don’t report harassment, it is absolutely essential an employee can trust their management to handle concerns sympathetically. Confidentiality might not always be an option, but employees should be made aware in their company’s policy, how an investigation is likely to proceed should they report an incident.


Employers should also offer


support to all individuals involved. Mediation can be a good way to mend the relationship between two members of staff, and counselling can offer support for those finding the situation difficult.


If an incident is not dealt with sensitively, the reputation of a company could be severely damaged, morale could take a nosedive, absences could soar, highly-skilled people could leave and there could be huge cost to the company if an aggrieved individual decides to sue. So it is best to nip any harassment in the bud from the outset by creating a comprehensive policy and training everyone in the company from chief


executive to more junior members of staff.


Jo Davis is a partner and employment law specialist at B P Collins LLP. She advises HR professionals and senior management on equality in the workplace. She and her team offer employer training and have represented clients in employment tribunals for nearly 20 years. To get in touch see details below.


jo.davis@bpcollins.co.uk 01753 279029


Free wi-fi providers not responsible for copyright pirates


Retailers offering free wi-fi to customers can breathe a sigh of relief as a new ruling has stated they will not be held liable for damages or costs resulting from a customer using their network to break copyright.


As a result of the ruling, anyone offering free wi-fi to customers now cannot be held liable for damages or costs if a customer uses their network illegally to access or distribute infringing content.


However, locations or retailers who are seen


to have had their free networks repeatedly used for copyright infringement could still risk a court ordering them to impose password protection on their wi-fi network, and possibly ordering them to verify user identities via their mobile phone before granting password access.


The ruling handed down in the case of McFadden v Sony Entertainment by the Court of Justice of the European Union (CJEU) relates to a case where a retailer in Germany, who offered free wireless


Internet to customers, had a copyrighted song uploaded to the Internet through his network without his knowledge by an anonymous patron.


Susan Hall, technology law partner at Clarke Willmott LLP, said: “This is a great relief for venues such as conference centres, cafes, hotels, and any public location that offers free wi- fi to customers.


“There used to be real fear that if their customers committed any infringing acts – such as pirating


video games – using their wi-fi, they could be liable.


“This ruling decisively shows that venue operators supplying free wi-fi are now on a level playing field with Internet service providers in respect of protection from liability for acts carried out by their customers without their knowledge.


“Hopefully it will encourage the spread of fast, free wi-fi to keep us all connected when on the move.”


THE BUSINESS MAGAZINE – THAMES VALLEY – OCTOBER 2016


businessmag.co.uk


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