Recent high profile media coverage of cases of sexual harassment involving Lord Rennard and Cardinal O’ Brien has demonstrated how challenging it can be for organisations to ensure that sexual harassment does not take place in the workplace. Although ostensibly attitudes have changed over the past twenty years or so, and unwanted physical contact such as “bottom slapping” or “leg brushing” is now no longer accepted or condoned, individuals often still experience huge difficulty in voicing their concerns about unwanted behaviour or physical contact from colleagues.
Employers have a duty to provide a safe working environment for their employees, by putting in place clear procedures so that everyone is aware of what constitutes unacceptable behaviours, and by dealing promptly and robustly with any instances of sexual harassment which do occur. Employers who fail to comply with these obligations can face a legal claim to an Employment Tribunal, which, if upheld, could result in an uncapped (i.e. unlimited) fine, or award being made against them.
So, if you are aware of the possibility of unacceptable behaviours occurring in your organisation, or if an employee comes forward to raise his or her concerns, what steps should you take?
- Protect the employees’ security and confidentiality
- Investigate thoroughly by interviewing witnesses, and the complainant and alleged perpetrator
- Assess the evidence
- Take disciplinary and corrective action
If you would like advice or guidance on how to deal with a possible occurrence of sexual harassment, or on how to make sure that adequate preventative measures are in place in your organisation, please contact Alison Wright at Calland Wright Consulting for a free initial consultation.