LEGAL
Sexual harassment in the workplace
High profile cases of sexual harassment are making the headlines frequently across all industries, but what steps should employers be taking in order to redress this issue? Chartered Legal Executive at Banner Jones Solicitors Sara Ellison discusses the importance of practicing zero tolerance to sexual harassment in the workplace and implementing an effective policy supplemented by awareness raising.
Section 26 of the Equality Act 2010 defines harassment as: “Any unwanted conduct relating to a protected characteristic (sex, race, age, disability, religion or belief, sexual orientation, gender reassignment, marriage or civil partnership and pregnancy and maternity) that has the purpose or effect of violating your dignity or creating a hostile, intimidating, degrading, humiliating or offensive environment”. Sexual harassment refers to a
person engaging in “unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment”. And yet despite such clear and
stringent rules surrounding any such behaviour, it may come as a surprise to many people to learn
64 business network November 2018
that in 2016 research undertaken by the Trades Union Congress stipulated that nearly two thirds of women aged between 18 and 24 have experienced sexual harassment while at work. A very sobering figure, by all
accounts, and one that only really shows the tip of the iceberg of the problem, given that this is an issue that affects all women, not just young female employees. And to provide a little more
context with regards the wider implications of this issue, cases of sexual harassment in the workplace are key contributors to absences due to depression and anxiety- related illnesses, low productivity and a tendency for staff turnover rates to increase. An employer is best advised to
have an anti-harassment policy in place to protect its employees and demonstrate that it supports
Sara Ellison, of Banner Jones Solicitors
‘Employers should already have a zero tolerance policy in place’
equality in the workplace and is taking steps to prevent such harassment. Failure to do so not only puts team members at risk, but also the business. Firstly, it’s vital that a strategy is
put in place to address sexual harassment in the workplace. Employers should already have a zero tolerance policy, but attention should be given to ensuring that staff are aware of the policy. ACAS recommends involving
employees in policy design and supplementing it with training sessions and seminars. Managers are encouraged to practice what they preach, as the saying goes, and lead by example. Importantly, the policy must be effective and communicated to all, any complaints must be
investigated thoroughly and with equal fairness to the complainant and alleged perpetrator. Employees will need to trust that
they work in an environment that does not tolerate any form of harassment in order to have the confidence to raise complaints. The Women and Equalities
Commission recently produced a report on Sexual Harassment in the Workplace and recommended reintroducing employer liability for third party harassment, extending sexual harassment protection to interns and volunteers and enabling tribunals to award punitive damages. It’s now up to the Government to decide which, if any of the recommendations, they’ll implement.
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