Harassment has hit the headlines in a big way in recent weeks. But it’s not just prominent personalities who may be affected by allegations of harassment, complaints may be made about any employee in the workplace and all employers can be affected.
Tribunal claims of harassment can be made against the harasser and an employer who has failed to take reasonable steps to prevent it. All employers should therefore be alert to the risk of harassment arising and take steps to address it and prevent it from happening in the first place.
Review your equality policy
It’s vital that an equality policy is in place which reflects the organisation’s values and culture, and outlines the process for handling harassment complaints. Being clear that a workplace free from harassment is a priority will set the tone and show leadership on the matter. If policies have not been updated for a while, now is an opportune moment for employers to review and update them and crucially, to recirculate them to all staff.
Clear guidelines on what to do and who to approach if staff believe they have been harassed – including by a senior employee or their manager - should be included.
Provide staff training
Training on equality is essential to reinforce a positive workplace culture and ensure that employees know what is – and what isn’t – acceptable behaviour. Some of those in the spotlight recently have referred to how the world has changed and argued that the alleged behaviour was acceptable at the time. Training will mean that everyone understands the company culture and demonstrate that there is no room for this type of justification. It also means that an employer is well placed to defend claims by showing that it took all reasonable steps to prevent harassment occurring.
Dealing with harassment allegations
All allegations of harassment should be treated seriously and dealt with promptly and consistently - they should not be laughed off as ‘banter’ (a warning signal to employment lawyers). Although context is relevant to whether harassment has taken place, it’s no longer acceptable to say that sexualised ‘banter’ is normal on the factory floor for example. Employers should bear in mind that it’s not just women who may be offended by lewd jokes – men may be too.
If appropriate, steps should be taken to separate the parties involved, without seeming to pre-judge the investigation. For serious allegations, suspension may be the only appropriate option. Dealing with concerns swiftly at an early stage will reinforce a positive culture and avoid the matter escalating. Nipping things in the bud is much easier solution than a root and branch clean up.
It’s important not to forget that the alleged harasser is an employee too and is entitled to a fair hearing, so an employer should avoid assuming guilt. Sometimes what one employee sees as acceptable, may be perceived differently by another. However, the fact that harassment was not intended is not a complete answer – if it was reasonable for a complainant to feel harassed by the conduct, it’s still harassment.
Historic allegations
Given the prominence of high-profile allegations in recent weeks, it’s quite possible that historic workplace harassment allegations may emerge. These are tricky to handle, as conducting a full and fair investigation can be challenging when memories have faded. However, an employer shouldn’t ignore them and should seek advice on managing the allegations fairly.
Harassment can happen in any workplace, but creating a positive culture where it is unacceptable, implementing and enforcing a robust equality policy, training staff and taking prompt action when allegations are made will minimise the risk of finding yourself in an unwanted spotlight.
If you would like advice on workplace harassment get in touch with our employment team who can assist you.
