Duty on Sexual Harassment – Time for Reflection and Reasonable Steps

Starting from 26 October, a new statutory duty in the UK requires employers to take reasonable steps to prevent sexual harassment in the workplace. This includes a commitment that sexual harassment is not being tolerated, training, how to report, informal/formal process, culture change and policy updates.

If someone’s conduct has the effect on another person it could be considered harassment even if it is not the intention. Everyone has the right to go to work and be treated with dignity and respect.

As we are talking about the above and discussing what needs to happen to be ready for the new duty, I started to reflect on some of my own sexual harassment leadership challenges, HR casework and personal experience over a long career. From involvement with criminal sexual cases, the debate about what constitutes banter and personal experience of harassment. From the woman who had to put a camera in the office, so that she would be believed and as the investigation went on, up to 20 other females, including a teenager, eventually came forward with their own stories of serious harassment and assault, many saying that they didn’t want to ‘rock the boat’. Even when this case got to court, with a significant weight of evidence the person and their accomplishes continued intimidating the witness, which had to be dealt with by the police, adding more stress to a vulnerable female. I personally delivered the suspension letter to the house at the time (I wouldn’t do this now) and their wife answered the door. It made me quickly realise that sexual assault allegations seriously impact on families too, whether you are the victim or perpetrator.

I chaired a disciplinary, when I asked the CEO at the hearing a question. The question was when a woman says “No”, what does that mean to you? The response wasn’t acceptable. An appropriate serious sanction was issued and I was handed a token of appreciation. For once I was speechless. We also know that tribunals don’t tend to accept banter in the workplace as a defense.? This is something that we discuss as HR professionals and during the investigation process, the mitigation can be that they were only being funny and friendly. That wasn’t the conclusion of the disciplinary hearing or regulatory body, who subsequently issued a prohibition order for the person in question.?

In the recent case of Bratt v JGQC Solicitors Ltd, a legal secretary won her sexual harassment claim, after her boss was found to have made remarks that were sexual in nature, therefore creating an intimidating environment, and tried to rely on the fact that this was ‘banter’. Telling the legal secretary that she ‘looked nice’, sharing inappropriate images were amongst other examples which gave the tribunal a clearer picture of the type of working environment.

Another example and one personal to myself, When I raised issues with my former employer, I was told by my boss at the time that whilst they believed me and I had the evidence, that the person would lie and be listened to more than me and my evidence. This person even went as far as telling people not to work with me, to ensure I didn’t have a voice.? It was an entitled male culture at the Organisation. I had no faith in the HR department, as they were completely out of their depth and my solicitor said that it would cost approx. ￡25k to go to court and at least 1-2 years of my life. Something I wasn’t prepared to do.? As a single parent at the time, this would have been a huge ask.? I decided to move on and set up my own business. That person and their behaviour drove me to make the business a success. I subsequently found out I wasn’t the only woman who had concerns and I’m pretty sure nothing has changed.

I’m pleased to see, that over the last 8 years, all our clients once they receive a sexual harassment complaint, take this very seriously, pick up the phone to HR, they often independently investigate, provide support and carefully consider HR advice and recommendations.

These cases, not only serve as a timely reminder of the importance of addressing sexual harassment in the workplace (particularly with the changes to the Equalities Act) and the need to ensure effective systems, communication, skilled professional support and regular training.

Contact: 0121 6744230

www.birch-hr.co.uk

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#employmentlaw #HR #leadership #sexualharasment #

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