Sexual Harassment and Banter

Banter is a slippery word at the best of times. BUT in recent times social media has given the subject greater visibility and resulted in adverse tribunal judgements against both the employer and perpetrator

In a recent judgement it was found that a care assistant whose colleagues called her a “slut” and suggested she visit a road “notorious for prostitutes” after they found her modelling photos on Facebook was the victim of harassment.

Reports like this about sexual harassment and misconduct arising from cases profiled by the “Me Too” Movement as well as a growing number of UK employment tribunal awards to victims in their workplace have increased political pressure on the government to strengthen the law.

In terms of the present law, the UK Equality Act 2010, employers are already required under the law to “take reasonable steps to prevent sexual harassment of workers by their colleagues”

But the impact of scores of victim reports and numerous adverse tribunal decisions prompted the UK House of Commons Select Committee to carry out a public consultation during 2019. The results are in, and one message is clear “sexual harassment is rife” in the world of work and beyond. ?Evidence of these widespread detriments is based on the responses to the Committee from more than 130 charities and employers, and more than 4,000 members of the public – more than half (54 per cent) of whom said they have experienced sexual harassment at work.

Against this background, the government has just announced that:

·????????It will bring forward legislation to create a new “preventative duty” for employers to address in order to deter sexual harassment in the workplace. Details have yet to be announced but the Secretary of State says this will be forthcoming as soon as parliamentary time allows.

·????????They plan to introduce a duty to protect employees from harassment by third parties, such as customers or clients, and publish new guidance and a statutory code of practice for employers on how to tackle sexual harassment in the workplace.

·????????They are also considering extending the time allowed to bring sexual harassment cases to employment tribunal from three to six months.

In preparation for these changes, it is important that employers take stock now of their existing anti-harassment policies as well as making sure that they have a robust framework in place to prevent harassment in the first place. So often “Banter” (a slippery word) can escalate into discriminatory practices leading to isolation, unpleasant language & gestures, physical attack, and the resignation of the victim. We have a free handout on “Banter” – get in touch for your free copy [email protected]

Our one-day course which can be delivered in a training room or in two half day back-to-back modules ONLINE covers the following topics against a background of actual cases and breaking news headlines.

·????????Existing definitions of harassment and bullying generally

·????????A specific definitive focus on sexual harassment

·????????A global perspective – Australia and India

·????????Typical issues and behaviours reported to UK Employment Tribunals

·????????Six reasons why sexual harassment goes unreported

·????????Spotting the signs of sexual harassment

·????????Characteristics of perpetrators

·????????Methods used by perpetrators:

·????????In Work

·????????Out of Work

·????????Cyber Space -social media

·????????How to deal with any harasser -tips and techniques

·????????The existing legal framework:

·????????The Equality Act

·????????Employment Rights Act

·????????Health, Safety and Wellbeing at Work Regulations

·????????Protection from Harassment Act

·????????Malicious Communications Act

·????????Proposals for Change – Crystal Ball and Breaking News

·????????A new preventative duty

·????????Third Party harassment

·????????Tribunal time limits

·????????Employers Duty of Care

·????????Framework for creating a convivial workplace

·????????Swift investigation of grievances and complaints

·????????Step by step procedural steps

·????????Clarity with customers and clients

·????????The Policy Framework

·????????Corporate Governance

·????????Management

·????????Staff, Interns and Volunteers

·????????Customers and Other Stakeholders

·????????Training

·????????Out of Work activities

·????????Monitoring and Review

·????????Sources of further advice, help and support

[email protected]