#sexual harassment

23 07 2024

Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #HRAdvice, #HRSupport, #networkinbeds, #sexual discrimination, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

The Equality and Human Rights Commission (EHRC) has released updated guidance on the new sexual harassment legislation, which takes effect on October 26, 2024. This new guidance introduces a mandatory duty for employers to take “reasonable steps” to prevent sexual harassment in the workplace. Key points include:

1. Preventative Duty:

Employers must actively prevent sexual harassment by their own employees as well as third parties, such as clients and customers. This duty does not extend to other forms of harassment or discrimination under the Equality Act 2010 (Clyde & Co) (DLA Piper).

2. Enforcement and Compensation:

If an employer fails to meet this preventative duty, they could face enforcement actions by the EHRC. Additionally, employment tribunals can increase compensation by up to 25% in successful sexual harassment claims where the employer is found to have breached this duty (Equality and Human Rights Commission) (DLA Piper).

3. Reasonable Steps:

What constitutes “reasonable steps” will vary depending on the size and resources of the employer. Steps may include conducting risk assessments, updating policies, training employees, and implementing effective reporting mechanisms (Equality and Human Rights Commission)

4. Consultation:

The EHRC is currently seeking feedback on the updated guidance, with the consultation period running until August 6, 2024 (DLA Piper).

Our HR comment:

Our Comments: – Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “We have written a number of blogs on this subject which can be seen below, and Employers are advised to proactively assess risks and implement measures to prevent sexual harassment, ensuring compliance with the new legal requirements by the October 2024 deadline whilst ensuring behaviours within their companies and its culture follows best practice and the law.”

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27 05 2024

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusiness, #consensushr, #hertfordshirebusinesses, #outsourcedemploymentlaw, #outsourcedhumanresources, #sexual discrimination, #sexual harassment, bedfordshire, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

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Understanding Sexual Harassment at Work:

Research shows that 58% of women have experienced sexual harassment, bullying or verbal abuse at work (Unison, 2023). This number increases to 62% of women aged 25 – 34 years.

In addition, a TUC (Trades Union Congress) poll found that in 39% of incidents, the perpetrator of the harassment was a third party rather than a colleague in the workplace. (Examples of third parties are clients and suppliers.) The TUC’s May 2023 poll also found that 43% of women have experienced three or more incidents of bullying at work.

Sadly, most victims don’t report sexual harassment as they fear they won’t be believed, or their working relationships and career prospects may be damaged.

Whilst most sexual harassment victims are female, it is important to note that one in ten complaints of sexual harassment in the workplace are from men. (The Diversity Dashboard.)

What kind of behaviour constitutes sexual harassment at work?

In simple terms, sexual harassment is unwanted behaviour by anyone in the workplace of a sexual nature against you.

This harassment can be verbal or non-verbal and may make you feel intimidated or uncomfortable and an individual does not have needed to object to a person’s behaviour for it to be considered unwanted.

Examples of sexual harassment include:

unwelcome sexual advances, propositions and demands for sexual favours
unwanted or derogatory comments or nicknames about clothing or appearance
leering and suggestive gestures and remarks or jokes
intrusive questioning or suggestions about your sex life or a colleague’s sex life, and discussing their own sex life
sexual posts or contact on social media
spreading sexual rumours about a person
sending sexually explicit emails or text messages
comments of a sexual nature about your or a colleague’s sexual orientation • comments of a sexual nature about your or a colleague’s gender identity
displaying offensive material, such as pornographic pictures or calendars, including those in electronic forms such as computer screen savers or by circulating such material in emails or via social media
‘upskirting’ that typically involves someone taking a picture under another person’s clothing without their knowledge
predatory behaviour
coercion
physical contact such as the invasion of personal space and unnecessary touching, hugging or kissing through to sexual assault, indecent exposure, stalking and rape (although rape is defined as a separate criminal offence).

The Equality and Human Rights Commission describes sexual harassment:

“Sexual harassment occurs when a person engages in unwanted conduct of a sexual nature that has the purpose or effect of:

violating someone’s dignity, or
creating an intimidating, hostile, degrading, humiliating or offensive environment for them.”

Sexual harassment is unlawful under the Equality Act 2010.

Anyone who experiences sexual harassment at work in the UK is protected by Chapter 1, Section 11 of the Equality Act 2010 and can make a claim to an Employment Tribunal (ET) immediately regardless of length of service. The following characteristics are protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Compensation is usually based on any financial losses as well as injury to feelings and, in some cases, personal injury or aggravated damages.

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

Our HR comment:

‘Employers need to ensure they know of any behaviours that may make members of the team feel uncomfortable and take the necessary action,” says Matthew from Consensus HR. “Initially, this may involve telling the individual to stop their behaviour immediately. If they persist, disciplinary action should be taken. All employees need to be fully aware of how they act at work, recognising that what they may see as acceptable behaviour may be felt as degrading or harassing by a colleague.

‘Companies need to ensure that line managers are aware of their responsibilities and employees should not be treated less favourably or involved in behaviour which can be seen as harassment, degrading or uncomfortable. It is up to everyone in the workplace to ensure this happens.

‘Every member of staff must understand that unacceptable behaviour will not be tolerated and will be dealt with accordingly. Failure to act results in employers harming the reputation of the company and themselves. They need to remember that failure could result in an Employment Tribunal taking place, with the potential of a large, uncapped award being awarded to the employee.”

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05 12 2023

Major shift in sexual harassment laws | Consensus HR – Herts, Beds

Matthew Chilcott Blog, General #bedfordshirebusinesses, #hertfordshirebusinesses, #outsourcedhumanresources, #sexual harassment, bedfordshire, Business, Business Owners, employment law, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

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Major shift in sexual harassment laws | Consensus HR – Herts, Beds

The Worker Protection (Amendment of Equality Act 2010) Act 2023 has been passed, bringing major changes to sexual harassment laws in the UK. The new law places the responsibility on employers to take reasonable steps to prevent sexual harassment in the workplace. This includes implementing clear policies, providing training, and conducting impartial investigations into reported harassment. The Equalities and Human Rights Commission will have the power to take enforcement action against firms that breach this duty, and businesses may face increased compensation claims if they fail to prevent sexual harassment. The law is inspired by similar legislation in Australia, which requires employers to address sex discrimination, victimisation, and sexual harassment. Employers are advised to conduct a risk analysis to identify key risk factors and develop tailored policies and training.

Law Gazette

Our HR comment: – Major shift in sexual harassment laws | Consensus HR – Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is long overdue and now it has got Royal Assent will not be long until it is implemented and businesses will need to ensure they have all the correct Policies & Procedures in place as well as development with their teams to ensure it is practiced. The article from the Law Gazette goes into great detail about the subject and gives some great advice and explains about the burden being put on the employer to prevent sexual harassment.

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Is your business ready for this update in Employment Law and Sexual Harassment? Have you got the right Policies & Procedures in place? Would your team benefit from some development on the subject? If you wish to talk about this and other Employment Law areas, give us a call now. Consensus HR | Helping companies take the pain out of employing people whilst Preventing People Problems – 01438 576750

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14 11 2023

McDonald’s has fired 18 workers since a BBC investigation | Consensus HR | Herts, Beds

Matthew Chilcott General #bedfordshirebusinesses, #hertfordshirebusinesses, #mcdonalds, #misconduct, #outsourcedhumanresources, #sexual harassment, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

McDonald's fires 18 people after BBC investigation | Consensus HR | Herts, Beds

McDonald’s has fired 18 workers since a BBC investigation uncovered hundreds of allegations of harassment at the restaurant chain, its UK boss has said.

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments:”The. BBC has today published the following article in relation to the huge amount of sexual harassment allegations within the company. We cannot believe as stated in the article that in this day and age, this kind of behaviour is happening in the workplace and the appropriate management / company action not being taken.”

Alistair Macrow told MPs the firm had received 407 employee complaints since July and investigated 157 to date.

While people have been sacked, Mr Macrow did not know how many complaints had been referred to the police.

A BBC investigation found that workers as young as 17 were being groped and harassed almost routinely.

They said they experienced a toxic workplace culture where claims of sexual assault, racism and bullying were not taken seriously.

Mr Macrow told the Business and Trade Select Committee that McDonald’s UK was receiving between one and two complaints of sexual harassment a week.

Following the BBC’s initial report in the summer, Mr Macrow set up an investigation handling unit to deal with complaints.

Since then, more than 400 have been made but more than half have yet to be fully investigated.

Of the 157 that have been looked into, Mr Macrow said 17 complaints were about sexual harassment and had led to disciplinary action. He added that nine related to bullying and one was about racial harassment.

He said that of the remaining cases still to be probed, they include 27 complaints of sexual harassment.

The fast-food chain is one of the biggest private sector employers in the UK, employing more than 170,000 people.

It has one of the UK’s youngest workforces, with three quarters of staff aged 16 to 25 and, for many, it is their first job.

In total, it has 1,450 restaurants. According to Mr Macrow, 89% of its branches in the UK are operated by franchisees. But he admitted that no franchisees had yet lost their contracts due to claims of harassment and abuse.

Liam Byrne, Chair of the Business and Trade Committee, asked if “profit was more important than protecting workers”.

Mr Macrow said it was “absolutely not the case”.

“The most important thing in our business is our people. We do everything we can to look after our people,” he said.

More than 200 current and former McDonald’s workers spoke to the BBC about their experience of working at the fast-food chain, with a number claiming they were subject to sexual abuse and harassment by colleagues and superiors.

Mr Macrow said the testimony from workers had been “truly horrific” and “very difficult to hear”.

He admitted that some of the complaints reported to McDonald’s independent handling unit “stretch back as far as the 1980s”, adding: “Clearly those more recent we were able to investigate more fully.”

Ian Hodson, national president at the Bakers, Food and Allied Workers Union, also appeared before MPs and said some stories that it had been told by McDonald’s employees were “absolutely horrific”.

“And it shouldn’t happen,” he said. “In the 21st century, in the UK, it shouldn’t happen.”

Mr Hodson added: “When a global corporation, [one of the] biggest employers in the world that makes billions and billions of pounds, can’t protect its workforce it’s awful. It should be leading and be an example for others – but

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09 11 2023

Teen wins victimisation case after sexual harassment | Consensus HR | Herts, Beds

Matthew Chilcott General #bedfordshirebusinesses, #sexual harassment, #sexualharassment, #stevea, bedford, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Aliyah Tariq, a 16-year-old schoolgirl who represented herself at an employment tribunal, has become one of the youngest people to win a victimisation case in Britain. She was sacked by New York Diner in Manchester after complaining about sexual harassment. Tariq claimed that a chef repeatedly suggested that she perform a sex act on him. The restaurant presented a fabricated document to the tribunal, that Tariq appeared to have signed, stating that “no sexual harassment took place at New York Diner,” but the judge agreed with Tariq’s claim. She was awarded over £18,000. Tariq confided in a former employee about the sexual harassment incidents. The tribunal ruled that Tariq was victimised by the restaurant’s director and manager, who sacked her when it became clear she wouldn’t let them forget about the harassment.

The Times

Our HR comment: – Teen wins victimisation case after sexual harassment | Consensus HR | Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is another interesting case about sexual harassment in the workplace and again demonstrates that business owners / managers need to fully investigate any such claims with the individual concerned and take the appropriate action following the ACAS Code of Practice so as to be able to demonstrate that they have acted as a reasonable employer or they will face the penalties and awards as in this case £18,000. At Consensus HR we support and advise all our clients on best practice and the law in all scenarios so that incidences such as these should they happen are dealt with correctly, to the law, best practice and for the benefit of the team, business, and business reputation.”

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If you would like to have a non-obligatory conversation with us about how we can help you and your business in the world of HR and Management and prevent such incidences from happening, give us a call now – 01438 576750. Consensus HR | Helping companies take the pain out of managing people, whilst preventing people problems.

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Early years specialist awarded £800k pay-out following unfair treatment | Consensus HR | Herts, Beds

17 10 2023

Sexism in the City inquiry begins | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Employment Law, General #bedfordshirebusinesses, #hertfordshirebusinesses, #outsourcedhumanresources, #sexinthecity, #sexual harassment, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

An inquiry into Sexism in the City begins today and will examine whether the position of women in financial services has changed in the past five years. The Financial Conduct Authority and the Prudential Regulation Authority are also looking at the issue and are considering proposals for organisations to be more transparent about their diversity and inclusion practices. Harriett Baldwin, the inquiry committee’s chairwoman, who worked in the City from 1986 to 2008, said: “There appears to have been some progress in implementing workplace initiatives, but we have seen some suggesting these are viewed as tick-box exercises, with much-needed cultural change not yet taking hold.” She added: “This inquiry won’t look at specific cases or evidence which pre-dates 2018. We will, however, examine the role companies, the government and regulators should play in combating sexual harassment and misogyny in the City.” The first meeting will consider female representation in leadership roles and what more needs to be done to narrow the gender pay gap in the City, where Baldwin said it is at its widest.

The Times

Our HR comment: – Sexism in the City inquiry begins | Consensus HR – Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Well, all I seem to write about is sexual harassment in the workplace following the number of articles that are written in the press. This is yet another article written in ‘The Times’ about the subject and comments that there is evidence of some progress which is good but no excellent. As I have written quite a few times, nobody comes to work to be treated differently and cultures of businesses should ensure that everybody is treated equally to best practice and the law, and the appropriate action taken against any member of the team who does not. Employers / Managers are reminded that everybody regardless of length of service, role etc is protected from day one of employment under the Employment Rights Act 2010 with unlimited financial awards if proven.”

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10 10 2023

Lidl worker awarded £50,000 in sexual harassment case | Consensus HR – Herts, Beds.

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Handbook #bedfordshirebusinesses, #hertfordshirebusinesses, #outsourcing, #sexual harassment, #sexualharassment, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

A tribunal has ruled in favour of Maddie Hunter, a former teenage assistant at a Lidl supermarket in Oxfordshire who was sexually harassed by the store’s deputy manager. Hunter was subjected to inappropriate comments and advances, and when she complained, she was told to treat it as a compliment. The tribunal found that the supermarket chain did not take her complaints seriously and allowed a culture of harassment to persist. Hunter has been awarded £50,000 in compensation for sexual harassment and constructive dismissal. The judge acknowledged that the deputy manager did not intend to cause offense but highlighted the unchecked culture of harassment in the store.

The Times

Our HR advice / comment: Lidl worker awarded £50,000 in sexual harassment case | Consensus HR – Herts, Beds.

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Well, this is a sexual harassment case that has resulted in a £50,000 award to an employee in a company that allowed a culture of sexual harassment to persist! At Consensus HR, we are continually writing blogs about sexual harassment and business owners / Managers, or any member of the team need to understand that nobody comes to work or anywhere to be treated inappropriately. The days of inappropriate comments and advances have well gone and whether they should have ever been allowed is a major topic of conversation. This is where we at Consensus HR say to all our clients it is vital that you have the correct employee Contract and Handbook in place so that Policies and Procedures to best practice and the law are easily accessible whilst also ensuring that they are actively practiced and managed in the culture of the company and not just left on the shelf. Poor cultures within companies affects not only the members of the team but also the overall success of the business and throughout my career front and back of house, I have never expected anything less.”

Here are a few of our previous blogs written on the subject:

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Rayner says workers will get rights from day one under Labour | Consensus HR, Herts, Beds.

12 09 2023

Female surgeons sexually assaulted while operating | Consensus HR – Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Investigations #bbc, #NHS, #outsourcing, #sexual harassment, bedford, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Female surgeons say they are being sexually harassed, assaulted and in some cases raped by colleagues, according to a major analysis of NHS staff by the University of Exeter, the University of Surrey and the Working Party on Sexual Misconduct in Surgery that has been shared exclusively with BBC News, which has spoken to women who were sexually assaulted in the operating theatre while surgery took place. The study’s authors say there is a pattern of female trainees being abused by senior male surgeons, and this is happening now, in NHS hospitals. The Royal College of Surgeons said the findings were “truly shocking.” Nearly two-thirds of women surgeons that responded to the researchers said they had been the target of sexual harassment and a third had been sexually assaulted by colleagues in the past five years. Women say they fear reporting incidents will damage their careers and they lack confidence the NHS will take action. Surgical training relies on learning from senior colleagues in the operating theatre and women have told BBC News it is risky to speak out about those who have power and influence over their future careers. The report, which is being published in theBritish Journal of Surgery, is the first attempt to get a sense of the scale of the problem.

BBC News

Our HR comment: Female surgeons sexually assaulted while operating | Consensus HR – Herts, Beds.

Matthew P Chilcott – FCIPD, ACEL, Owner comments: “What is going on? This news on the BBC today is extremely worrying to say the least and how can anybody be expected to go to work and be treated this way? This should definitely be investigated by the relevant line manager and the appropriate action taken which if proved could be instant dismissal.”

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31 07 2023

Former Barclays director loses employment lawsuit | Consensus HR, Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General #outsourcedhumanresources, #sexual harassment, #sexualharassment, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

A former Barclays director, Robert Record, has lost an employment lawsuit against the bank in which he sought nearly £600,000 in compensation. Record, who was dismissed for gross misconduct, argued that his female colleagues fabricated allegations against him and that his dismissal was unfair. However, his claims of unfair dismissal, breach of contract, and sex discrimination were rejected by the London tribunal. The tribunal stated that Record’s dismissal was fair based on disciplinary findings, including “unwelcome physical contact with a female colleague” and sexual harassment. Record had sued Barclays for lost earnings, deferred bonuses, pension benefits, and injury to feelings. The former director’s lawyer and Barclays have not yet commented on the ruling.

Reuters

Our HR Comment: – Former Barclays director loses employment lawsuit.

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is an interesting case of a senior member of the management team at a well-known bank and demonstrates that regardless of your position within a company, if the ACAS process has been followed correctly and a thorough investigation taken, unacceptable behaviour / misconduct of any type will not be accepted regardless that you may be a director!”

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Sexual Harassment in the workplace. How do you deal with it? Update from Consensus HR, outsourced HR solutions. Herts, Beds, Cambs. Give us a call now if you wish to discuss.

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18 07 2023

McDonald’s workers speak out over sexual abuse claims

Matthew Chilcott Employment Law, General, Training & Development #outsourcedhumanresources, #outsourcing, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

A toxic culture of sexual assault, harassment, racism and bullying has been alleged by more than 100 current and recent UK staff at outlets of the fast-food chain McDonald’s.

The BBC was told that workers, some as young as 17, are being groped and harassed almost routinely.

The UK equality watchdog said it was “concerned” by the BBC’s findings and is launching a new email hotline.

McDonald’s said it had “fallen short” and it “deeply apologised”.

It added that all employees deserved to work in a safe, respectful and inclusive workplace.

The BBC began investigating working conditions at McDonald’s in February, after the company signed a legally binding agreement with the Equality and Human Rights Commission (EHRC) in which it pledged to protect its staff from sexual harassment.

At the time, McDonald’s insisted: “We already have a strong track record in this area.”

But our investigation has revealed a very different picture.

Over a five-month period, we reached out to McDonald’s workers to ask about their experiences of working there. Of the more than 100 allegations from employees we spoke to, 31 related to sexual assault, and 78 related to sexual harassment.

We also heard 18 allegations of racism, while six people made allegations of homophobia.

Warning – this article contains distressing content

To read the full BBC story click here

Our HR Comment: McDonald’s workers speak out over sexual abuse claims

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “What is going on? Just opened the BBC internet to see the news for the day and seen this article involving Mc Donald’s, a restaurant chain that I believed were an employer of choice following stories in the past. However, reading this article it is very much the opposite. Many areas of the Equality Act 2010 are included, and the HR and Operations teams have a lot to deal with and put right based on this article. Nobody goes to work to be mistreated in any way and business owners / managers need to ensure that the correct Policies and Procedures and development is in place to ensure the correct attitudes and behaviours are present at all times. Many years ago when I worked for Welcome Break UK within Operations as Operations Manager and HR, within fast footfall catering / retail we never experienced this kind of behaviour and Mc Donald’s needs to get its management to manage appropriately and respectfully now and ensure that all the team are adequately trained / developed in all aspects of the Equality Act 2010 and anybody that does not adhere to any laws and best practice have the appropriate action taken against them regardless of their position within the company!””

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Equality in the Workplace. If you are experience problems contact us now. Update from Consensus HR, expert outsourced HR services. Herts, Beds, Cambs Give us a call now if you wish to discuss.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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22 05 2023

Sexual Harassment at Work

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Health & Safety #outsourcedhumanresources, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

New research shows that 2 in 3 young women have experienced sexual harassment, bullying or verbal abuse at work.

TUC (Trades Union Congress) findings published 12 May 2023 also state that 43% of women have experienced at least three incidents of sexual harassment. Sadly, most victims don’t report it for fear of not being believed, or damaging their working relationships and career prospects.

Whilst most sexual harassment victims are female, it is important to note that one in ten complaints of sexual harassment in the workplace are from men. (The Diversity Dashboard.)

What kind of behaviour constitutes sexual harassment at work?

In simple terms, sexual harassment is unwanted behaviour by anyone in the workplace of a sexual nature against you.

Examples include:

Sexual comments or jokes – in person or via email
Inappropriate touching, such as pinching, patting or hugging
Unwelcome sexual advances or other forms of sexual assault
Staring in a sexually suggestive manner or wolf whistling
Displaying images of a sexual nature – for example, a colleague may put up a topless calendar or picture, which you find offensive
Being treated less favourably as a result of rejecting any such conduct

The Equality and Human Rights Commission describes sexual harassment:

“Sexual harassment occurs when a person engages in unwanted conduct of a sexual nature that has the purpose or effect of:

violating someone’s dignity, or
creating an intimidating, hostile, degrading, humiliating or offensive environment for them.”

Sexual harassment is unlawful under the Equality Act 2010.

Anyone who experiences sexual harassment at work in the UK is protected by Chapter 1, Section 11 of the Equality Act 2010 and can make a claim to an Employment Tribunal (ET) immediately regardless of length of service with awards being uncapped.

“Employers need to ensure they know of any behaviours that may make members of the team feel uncomfortable and take the necessary action,” says Matthew from Consensus HR. “Initially, this may involve telling the individual to stop their behaviour immediately. If they persist, disciplinary action should be taken. All employees need to be fully aware of how they act at work, recognising that what they may see as acceptable behaviour may be felt as degrading or harassing by a colleague.

“Companies need to ensure that the workplace is an enjoyable one for everyone regardless of any personal characteristics such as sex, race, age and/or disability. Employees should not be treated less favourably or involved in behaviour which can be seen as harassment, degrading or uncomfortable. It is up to everyone in the workplace to ensure this happens.”

Every member of staff must understand that unacceptable behaviour will not be tolerated and will be dealt with accordingly. Failure to act results in employers harming the reputation of the company and themselves. They need to remember that failure could result in an Employment Tribunal taking place, with the potential of a large, uncapped award being awarded to the employee.”

Wilko collapses into administration | Consensus HR - Herts, Beds

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Has your business taken the necessary steps to prevent and deal with sexual harassment in your workplace?

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Summer employment issues: a six-point checklist

27 03 2023

Sexual harassment at work: three types of claim

Matthew Chilcott Blog, Employment Law, General #outsourcedhumanresources, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

What exactly is a sexual harassment claim in the UK? And, given that claims can be made by men or women, job applicants, employees, apprentices and those working under personal service contracts, how can employers avoid one?

Types of sexual harassment at work

There are three types of sexual harassment at work:

1. Unwanted conduct of a sexual nature

Has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Historically, pictures of naked women in the workplace would be a good example, but the modern day equivalent is sexually explicit jokes by email.

Also, inappropriate touching or comments on a female employee’s chest as previously mentioned in our. blog and resulting in an award of £19,000.00, persistent requests for dates and sexual innuendos have all been found to be sexual harassment.

2. Sex-related harassment,

Is where there is unwanted conduct related to the person’s gender, which – again – has the purpose or effect of violating their dignity or creating an unpleasant environment.

For example, cases have decided that gossip about the paternity of an unborn child can be harassment on grounds of sex, as could hostile comments about childcare arrangements when a female employee has to constantly leave work early to care for her young children.

Even something such as putting materials up on a high shelf where none of the (naturally shorter) female staff can reach them could be viewed as harassment.

3. Rejection.

The third type of sexual harassment is if an employee rejects sexual advances or submits to them, and is then treated less favourably by the harasser.

“All of the above situations are extremely serious and employers must make sure that they manage the people and processes involved professionally, legally and sensitively,” says Matthew Pinto-Chilcott of Consensus HR. “in particular, appropriate disciplinary and grievance procedures should be in place.”

To discuss your own company’s responsibilities in a potential sexual harassment situation, contact Matthew via [email protected] or call 01438 476750 to speak to a member of the team

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YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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