Sexual harassment is formally described as ‘unwanted conduct of a sexual nature, that has the purpose or effect of violating the dignity of a worker, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them’.
Experiencing sexual harassment in any environment is one of the most difficult situations an individual can face. In the workplace, employees are protected from sexual harassment whether it be a one-off incident or ongoing harassment.
Employment law provides clear guidance for employers as to what constitutes sexual harassment and how employers should deal with it. Sexual harassment includes:
- Written or verbal comments of a sexual nature, such as remarks about an employee’s appearance, questions about their sex life or offensive jokes
- Displaying pornographic or explicit images
- Emails with content of a sexual nature
- Unwanted physical contact and touching
- Sexual assault
Employers should have a policy making it clear that this sort of behaviour will not be tolerated and, in relation to the more serious examples of sexual harassment, may even lead to a criminal investigation. Employers should either contact the police themselves or encourage their employees to report the matter to the police.
Employers should take any allegations of sexual harassment very seriously and ensure that they fully investigate the matter and follow a formal grievance and/or disciplinary process. It may be advisable to suspend the employee who has been accused of the unwanted conduct until the matter has been concluded.
Employers should make sure that the individual who has made the allegations is properly supported and my wish to consider making special arrangements for them to be able to discuss the matter such as finding a private place, potentially away from the business, to meet.
Employers may also wish to consider allowing the employee to be accompanied by a friend or family member to any grievance meeting rather than the usual workplace colleague or union representative.
Employers should be careful not to pre-judge the outcome of their investigation and keep in mind that it is also likely to be upsetting for the employee who has been accused of sexual harassment. They should also be offered support and sensitivity while the matter is investigated.
Failing to properly deal with this behaviour or trying to sweep it under the carpet completely is likely to lead to a claim being issued against the employer at the Employment Tribunal.
For more information on the correct process or advice on the best course of action, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.