Sexual harassment in the workplace is an issue that raises its ugly head frequently in Employment Tribunals and the national press. This exposure can be both costly and embarrassing to both the business that is being sued and the alleged perpetrator of the sexual harassment. In this post we’re therefore going to take a look at the following:
- What is sexual harassment?
- What are recent examples of sexual harassment in the news?
- How can businesses prevent their employees from being harassed?
- What are the consequences of sexual harassment?
What is sexual harassment?
Sexual harassment in the workplace is unlawful under s.26 of the Equality Act 2010. Under s.26 sexual harassment occurs when:
- Conduct of a sexual nature or sexual harassment occurs; and
- Such conduct is unwanted by the ‘victim’; and
- This conduct has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant, or of violating their dignity
What are recent examples of sexual harassment in the news?
The Daily Telegraph has three recent examples of sexual harassment cases in the Employment Tribunal:
- Hairdresser wins compensation for sexual harassment from salon owner – an Iranian-born woman won over £20,000 in compensation after her manager attempted to force her head down into his lap and made sexually suggestive comments to her
- Chief executive ‘told PA to organise a threesome’, court told – this matter went to the Employment Tribunal after an affair between a CEO of a City of London business and his PA was discovered
- Trade union boss accused of sexual harassment campaign – a Trade Union boss has been sued for sexual harassment in the Employment Tribunal after a “lengthy campaign” against an employee
How can businesses prevent their employees from being harassed?
There are a number of ways that businesses can prevent their employees from sexually harassing other employees – or, at least, to stop such sexual harassment occurring again if there are complaints made about it.
- Good management practice
- Dealing with grievances effectively
- Training employees in equality and diversity
- Engaging employment law solicitors to deal with and advise on complaints of sexual harassment
What are the consequences of sexual harassment?
The consequences of sexual harassment in the workplace are potentially destructive: a high turnover of staff, poor staff morale, and poor productivity are just some of the effects that such conduct can have on a business if it’s not dealt with. Further, cases of sexual harassment may end up in the Employment Tribunal. This is costly, time-consuming, and a potential Public Relations nightmare for a business and could seriously damage a business’ reputation.