The CBI is in turmoil as allegations of sexual misconduct have been made against some of its employees. It flags the question, what counts as sexual harassment, and what should you do if you encounter it at work?
What is sexual harassment?
Sexual harassment is unwanted behaviour of a sexual nature. It must have either violated someone’s dignity, whether it was intended or not, or created an intimidating, hostile, degrading, humiliating or offensive environment for them, whether it was intended or not.
It can be a one-off act or a pattern of behaviour, but it doesn’t have to be repeated.
Examples include:
• flirting, gesturing or making sexual remarks about someone’s body, clothing or appearance
• asking questions about someone’s sex life
• telling sexually offensive jokes, making sexual comments or jokes about someone’s sexual orientation or gender reassignment
• displaying or sharing pornographic or sexual images, or other sexual content
• touching someone against their will, for example, hugging them
• sexual assault or rape
In the workplace it covers employees and workers, contractors and self-employed people, as well as job applicants.
What counts as a workplace?
The workplace in this context isn’t just “the office”.
If an event or situation is in any way connected with work then it can fall under the workplace… and there could be a claim brought for sexual harassment. That could be a Christmas party, a client event or messaging between colleagues.
What are your rights?
If you have been subjected to sexual harassment you can submit a grievance to your HR department and have the right to have that complaint thoroughly investigated, regardless of the seniority of the individuals involved.
Some companies allow for anonymous reporting of complaints or have digitised systems. However allowing anonymity poses a challenge for HR departments as they cannot operate in a vacuum if organisational leaders are failing to reflect company values or expected standards of behaviour.
What should companies do when someone makes a complaint?
An employer must investigate any report made to them of sexual harassment. Even if there has been a long time between the incident taking place and it being reported, the employer should still take it very seriously.
Companies are increasingly putting policies and procedures in place to try and control behaviour, for example, codes of conduct and policies covering behaviour at workplace events. However policies alone are not sufficient. Regular training for anyone responsible for people management is essential.
What about social media?
The law around sexual harassment is based on the Equality Act 2010 when social media was in its infancy. Employers do need to have clear policies. People do have the right to privacy but also not to bring an organisation into disrepute. With social media messaging, there’ is no legal prohibition, but it’s a really good example of where most organisations haven’t caught up with the changing risk.
What can you do if you are accused of sexual harassment?
If you feel you have been wrongly accused, it’s important to be able to gather evidence – look at the allegations and see if you are able to challenge them. A log of events, transcripts of conversations, witnesses to your interactions are all important.
Employers should not presume the accusation is either true or false. Someone who is accused of sexual harassment should be offered support and sensitivity, so the handling of the complaint is balanced.
What about workplace relationships?
Regardless of whether it is consensual, quite a few companies now have rules around workplace relationships. Either they don’t allow them or if you are in one, you have to declare it.
In a nutshell…
Employers need to be vigilant and ensure they have clear policies outlining the expectations regarding conduct and behaviour. Further, all staff (not just managers) should attend training that aims to raise awareness of workplace sexual harassment because it will provide the necessary tools and information to identify, prevent and, importantly, remove sexual harassment from the workplace.
Further information and advice from nicola.goodridge@goodhr.co.uk or on +44 (0)791787834
