Certain acts of sexual harassment constitute criminal offences under the law. Employers must be aware of their responsibilities in such cases to ensure proper handling and support for the complainant.
- Assess the Complaint: If an individual reports sexual harassment that may be criminal, the employer should discuss the possibility of involving the police with the complainant and provide support for this decision.
- Respect the Complainant's Wishes: The complainant’s preference regarding police involvement should be given significant weight. If they do not wish to report to the police, this wish should typically be respected, and the decision should be reviewed on a case-by-case basis. However, the incident should be documented in case the complainant decides to report it later.
- Mandatory Reporting: In some situations, the employer must report the incident to the police, balancing the risks of not reporting against the safety of the complainant, colleagues, and third parties.
- Coordination with Police: If the police are involved, employers should discuss the disciplinary process with them. Employers should not delay their internal investigation unnecessarily and must check with the police to ensure that their actions do not interfere with the criminal process.
- Independent Action: Even if the police investigation does not result in a conviction, employers can take disciplinary action based on their own investigation, which only requires reasonable grounds rather than proof beyond a reasonable doubt.
Employees are protected by various laws that address sexual misconduct and harassment:
- Equality Act 2010: Ensures a fair workplace for all employees while respecting protected characteristics.
- Worker Protection (Amendment of the Equality Act 2010) Act 2023
- Sexual Discrimination Act 1975: Protects against discrimination based on sex or marital status.
- Criminal Justice and Public Order Act 1994: Makes intentional harassment a criminal offence.
- Sexual Offences Act 1956 & 2003
- Protection from Harassment Act 1997: Criminalises harassment and actions causing fear of violence.
- Companies Act 2006
- Health & Safety at Work Act: Mandates employers to ensure the health, safety, and welfare of employees.
Consequences of Criminal Offences:
- Sexual Harm Prevention Orders (SHPO): Court orders to prevent specific harmful activities.
- Criminal Records: A criminal conviction such as rape will result in a record and a lengthy custodial term (currently minimum of 8 years for rape).
- Sex Offender Register: Convicted individuals may be placed on the register for life.
- Fines and Imprisonment: Convictions can lead to fines up to ￡5000 or six months in prison for lesser sexual offences.
To prevent these severe consequences, employers must ensure their workforce understands the ramifications of misconduct through proper training, clear policies, and common sense. Ignoring the possibility of such incidents is not an option. For more information, you can visit our "Wall of Shame" to see real-world examples of these issues.
Proper handling of sexual harassment allegations is not just a legal requirement but a moral imperative to maintain a safe and respectful workplace for all.
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information [email protected]
? 2024.
Why not stay connected to us and follow us on social media.
