Sexual Harassment at Work #MeToo

The headline story on television news programmes and the front pages of newspapers for the past couple of weeks has been sexual harassment. Each day brings a new report which extends the scope of the story.

The New York Times investigation into the conduct of firm producer Harvey Weinstein prompted  the  # me too hashtag phenomenon on Twitter and Facebook. Hundreds of thousands of women, and men, have taken to social media to share with others that they have been a victim of sexual harassment.

The significance of the story is not restricted to the workplace, however, it is likely that the current focus on such behaviour, which has resulted in greater public awareness of the matter, will lead to an increase in reporting by employees of alleged sexual harassment at work including allegations of past harassment.

It is important for various reasons, including compliance with the law, financial exposure and reputational risk, for employers to understand the legal requirements and have in place a robust system to investigate and manage such complaints.

The Equality Act 2010 sets out the legal definition of sexual harassment. Section 26(2) provides that a person “harasses” another person if he or she engages in unwanted conduct of a sexual nature, and the conduct has the purpose, or the effect, of violating  the other person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the other person.

The definition of prohibited conduct is intentionally wide and focuses not only on the intention of the alleged harasser but also on the perception of the victim.

Many employers will already have in place anti harassment/bullying policies which include sections relating to prohibited conduct. If you have such a policy I recommend that now is a good time to revisit and review the content. If you do not have a policy in place then my advice is that you make arrangements to introduce one.

In order for the policy to be of genuine benefit, and to minimise risk of a legal claim, the sensitivity of the matter must be paramount and strict confidentiality maintained. Aside from the enhanced requirement for sensitivity and confidentiality the standard requirements will apply to the investigation.

It is important to remember that as an employer you have an obligation not only to the employee reporting the alleged harassment but also to the employee who is said to have perpetrated the act. The allegation may be false and, the alleged harasser has statutory and implied employment rights to protect against unfair dismissal.

I recommend that employers put in place training programmes for staff to highlight the company’s legal requirements and explain the content of the company policy.

The benefits of providing training and putting in place a robust policy will be, to potentially reduce the number of complaints which will result in a cost and time saving to the company and, importantly, prevent the company being the subject of a front page story with the inevitable damage to reputation.

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For More Information Contact:
Stuart Robertson
Mobile: 07793 821 521
Direct Dial: 0141 433 7752
Email:srobertson@gilsongray.co.uk

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For More Information Contact:
Graham Millar
Mobile: 07841 920 102
Direct Dial: 0141 530 2023
Email:gmillar@gilsongray.co.uk

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The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.