How to deal with sexual harassment in the workplace

In the wake of The New York Times' exposé detailing sexual abuse and harassment claims against Hollywood mogul Harvey Weinstein, the spotlight has been thrown onto the issue of sexual harassment in the workplace.

Open your Facebook, Instagram or Twitter today and you’re sure to be confronted with frank and honest personal stories of sexual abuse, alongside the hashtag #MeToo.

The movement, kickstarted by actress Alyssa Milano, has encouraged women and men to speak out about sexual abuse over social media, to give people a sense of the magnitude of the problem.

Many of the stories shared revolve around the workplace - from people who’ve been catcalled by colleagues to those who’ve suffered an inappropriate boss.

The term ‘harassment’ includes unwanted verbal or physical behaviour that creates a hostile working environment: this could be anything from badgering someone to take part in social activities; to being subjected to unwarranted criticism about your work performance; to harassment that is discriminatory on the grounds of age, race, gender or disability.

The most obvious example, as we’ve seen with Harvey Weinstein, is making improper advances to colleagues, but harassment of a sexual nature can include everything from telling lewd jokes, sharing sexual images and making sexually offensive gestures to make others feel uncomfortable.

The TUC surveyed 1500 women and found that of those, 52 per cent had been victims of unwanted sexual behaviours at work, varying from inappropriate jokes to groping.

Shockingly, almost 20 per cent cited their manager or someone in a position of authority as being the perpetrator of the harassment - and worrying, 80 per cent of those who had been harassed never reported it.

So what should you do if you believe you are being sexually harassed in the workplace? Here Emma O’Leary, an employment law consultant, shares her advice for both managers and workers.

If you're experiencing harassment at work:

Document, document, document

Make notes of any incidents that have occurred and when, whether it’s in a diary or on your phone. Be sure to note dates, times, comments made/actions taken and any other employees who may have witnessed this. Don’t worry if there aren’t any witnesses, quite often those who are harassing others will to their best to ensure that there is nobody around to witness their behaviour. Ensure that you keep copies of your notes to ensure that they can’t ‘be lost’

Tell the perpetrator to stop it

Make it clear verbally and/or in writing that you do not want them to act this way towards you, that their behaviour must stop and you will not tolerate it.

Tell someone

Subjecting someone to unwanted conduct, whether sexual or otherwise, is wrong. Yes it’s scary to speak up and you might feel intimidated but you will feel worse if the behaviour continues, or if it goes on to happen to someone else. There should be someone in your workplace you can trust. They will be able to help you report it to the appropriate person – whether that’s a manager or your HR department. This can vary depending on who the perpetrator is and what position they hold within the company.

Raise a grievance

If you do not feel that your complaint has been taken seriously then you should raise a grievance in writing. Check your company’s harassment and grievance procedures to establish whether there is any further assistance or steps you could take or that the company would be expected to take.

Make a claim

You also have the right to make a claim in the Employment Tribunal against your employer if they fail to take action to prevent harassing behaviour. The Supreme Court abolished tribunal fees earlier this year, finding them to be indirectly discriminatory as a higher proportion of women would bring discrimination cases and the fees may be preventing them from doing so.

Report it to the police

If filing a grievance does not resolve the issue, or at any time the sexual harassment you experience becomes physical in any way, then you should report it to the police. Touching someone in this way is sexual assault and a criminal offence; whether or not your company takes action, the police should be informed.

If you witness harassment at work:

As an employer, sexual harassment can be difficult to deal with particularly, as above, when the perpetrator is a senior member of staff, or worse, the owner/CEO of the business. However to turn a blind eye is to be complicit in the behaviour, not to mention falling foul of employment law. As an employer you should:

Watch out for banter

Yes, we all like a laugh to ease the stress of work but it can go horribly wrong when boundaries are crossed and seemingly harmless jokes turn sinister. Keep an eye on what kind of conversations are taking place to ensure you protect staff who might be subject to bullying and harassment.

Make the boundaries clear

Educate staff and management as to what constitutes harassment and what the boundaries are. Provide workplace training on the topic as well as on equality and diversity, which go hand in hand.

Promote your policies

Ensure that you have clear and rigorous policies in place which not only act as a deterrent for any potential harasser, but also ensure that the victim knows they can, and should, report any conduct and that they will be protected should they do so. As much as sexual harassment of any kind is wrong, so is retaliation against an employee who reports that they have been/are being harassed.

Review your disciplinary process

ensure that it’s suitable to tackle the issue should misconduct be found to have occurred.

Offer training

Train managers not only to spot the signs of harassment but to deal with this type of complaint sensitively. Equip them with the tools they need to carry out the right investigatory process and procedure should they be tasked with dealing with a complaint.

Support the victim

If harassment is found to have occurred, it could have a serious effect on their health and wellbeing. Do you offer access to a counselling service etc?

Remember: an employer is vicariously liable for the actions of its employees, so it will be your responsibility as an employer if one of your employees is found to have committed unlawful sexual harassment and you did not take all reasonable steps to prevent it.