Managing sexual harassment in the workplace

Introduction

In December 2017, the Equality and Human Rights Commission asked for evidence from individuals who had experienced sexual harassment at work. They received 750 responses to an online survey.

Three-quarters of people who responded had experienced sexual harassment at work; the rest had witnessed harassment or supported others.

The impact on people, productivity and the business is significant. Creating a culture of dignity and respect for all is key. As is building and implementing a “see something, say something, do something” approach.

This guide provides an overview of the law and your role and responsibilities as an employer in creating safe and inclusive working environment.

Psychological impact of sexual harassment

• Guilt
• Anger
• Humiliation
• Anxiety
• Self questioning
• Confusion
• Emotional withdrawal
• Moderate behaviour
  
  

Sexual harassment: impact on business

1. Cost: (time and money) of claims. In UK, like all discrimination claims, damages for sexual harassment are uncapped. Secretary awarded £360,000 pay-out from her employers after her manager made a sexist remark. Hiscox Insurance reports an average of 275 days for a harassment claim to be settled out of court.
2. Turnover: Victims quit. Others leave if they don’t feel safe or don’t like how a case was handled.
   
   

Equality Act 2010 - overview of harassment

In a workplace context, ‘harassment’ is:

Unwanted conduct related to a ‘protected characteristic’ that has the purpose of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

What are the protected characteristics?

• Age
• Disability
• Gender Reassignment
• Race
• Religion or Belief
• Sex (gender)
• Sexual Orientation

The ‘workplace’ includes social activities that are considered to be an extension of work, including those not on the employer’s premises e.g. Christmas parties.

Harassment: who is covered?

Under the Equality Act 2010 the definition of ‘employee’ includes:

• Employees (those with a contract of employment).
• Workers and agency workers (those with a contract to do work or provide services).
• Apprentices (those with a contract of apprenticeship).
• Some self-employed people (where they have to personally perform the work).
• Job applicants are also protected.
  
  

Sexual harassment defined

Sexual harassment is unwanted conduct of a sexual nature, which is intended to, or has the effect of, violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Whether or not unwanted sexual conduct violates a person’s dignity or creates an offensive environment depends on the victim’s perspective and whether their reaction is reasonable in all the circumstances (EHRC “Turning the Tables Report” 2018).

Unwanted behaviour

• Conduct from someone of the same or different sex.
• An individual decides what is unwanted behaviour.
• The behaviour can be one-off.
• Unwanted behaviour can be witnessed or overheard.
• It does not matter whether the conduct is acceptable to others or is common within the workplace.
• Sexual conduct that has been welcomed in the past can become unwanted.
  
  

Who is most at risk of sexual harassment at work?

• Young women between the ages of 18 and 24.
• Workers with irregular, flexible or precarious employment contracts, and freelancers.
• Employees with a disability or long-term illness.
• Members of sexual minority groups.
  
  

Examples: implicit & explicit behaviour

Speaking up, or not…

Around half of report respondents hadn’t reported their experience of harassment to anyone in the workplace.

Barriers to reporting included:

• The view that raising the issue was useless as the organisation did not take the issue seriously.
• A belief that alleged perpetrators, particularly senior staff, would be protected.
• Fear of victimisation, and
• A lack of appropriate reporting procedures.

Some reasons given included:

• “I felt too intimidated to go to senior management as all were male and colluded with harassment”
• “Fear of stigma”
• “A partner who was close to the perpetrator said the firm would ensure my career was destroyed if I told anyone else about the incidents.”
• “I was advised against reporting an incident as it would damage my brand”
• “My experience was in a very macho environment and reporting it was unimaginable to me”

(EHRC ‘Turning the Tables Report’ 2018)

Culture in your organisation?

Reflection points

• What does your culture look and feel like?
• What are the norms - banter, in work/after work socialising?
• Would people speak up?
• Where might you be at risk?
  
  

Employers’ responsibilities

1. Create the right culture - Dignity at work policies/statements
2. ZERO TOLERANCE POLICY
3. Policies and guidance : Equality, diversity and inclusion; bullying and harassment
4. Training for all employees
5. Policies and guidance for handling issues - Discipline and grievance, mediation, clear reporting routes and mechanisms. This includes signposting support  to helplines and counselling services.