EXPERT OPINION A joke too far?
Workplace banter can be quite common but when does it become harassment? If you don’t know where the line should be drawn, you could end up in an Employment Tribunal. Ellis Whittam – provider of employment law, HR and health & safety support to BIRA members – advises retailers on how to create a happy and safe working environment.
Do you think the following could amount to harassment?
“You’re a stroppy little teenager!” Yes! This was actually said by a manager to a young worker. It may sound innocent enough but when put before an Employment Tribunal, it was held that the manager was guilty of harassment on the basis of age.
Gossiping to colleagues questioning the paternity of an employee’s unborn child. Yes! This could amount to harassment on the grounds of sex.
Saying to a male colleague “You’re such a drama queen!” Yes! This type of comment could
be considered sexual orientation harassment.
Repeatedly asking an employee if they want a sausage roll when you know they are Muslim. Yes! This could be construed as harassment on the ground of religious belief.
The law
Under the Equality Act, harassment is defined as “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating and intimidating, hostile, degrading, humiliating or offensive environment for that individual”. The protected characteristics are as follows: age, disability, gender
reassignment, race, religion or belief, sex and sexual orientation.
Remember
Anything that an employee does during the course of their employment will be deemed as having been also done by the employer, irrespective of whether the employer knew or approved the action or comment constituting harassment. In simple English, if an employee is found to have harassed an employee, the employer will be held responsible. To avoid this, you must be able to prove that you have taken all reasonable steps to prevent employees from committing harassment in your workplace.
Prevention It is important to develop a working
environment where employees
are encouraged to report any cases of harassment and know that their concerns will be taken seriously. You should remind your employees to ensure that their behaviour does not cause offence and to stop immediately if they are told that it is unwanted or offensive. You should also make them aware that all allegations will be investigated and disciplinary action will be taken when required. It is helpful to have documented policies and procedures, detailing what your standards are in this regard and, where possible, to train managers and supervisors to identify concerns.
For further advice, pcontact BIRA legal on 0345 450 0937 or
bira@elliswhittam.com
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