Sexual Harassment at Work: The Definitive Guide for HR Professionals

Sexual harassment is a form of discrimination that can have a profound impact on the well-being and productivity of employees. It is important for companies to have clear policies and procedures in place to prevent and address sexual harassment in the workplace, and to create a safe and respectful environment for all employees.

In this article, we will explore the various forms that sexual harassment can take, and the steps that HR professionals and managers should take if an employee raises an allegation of sexual harassment.

We will also discuss the support measures that a company can offer to an employee who believes they have been harassed, and the actions that a company can take to prevent sexual harassment allegations.

Finally, we will examine the role of the company if an employee launches a sexual harassment legal claim, and the steps that the company should take to resolve the issue and protect the interests of all employees.

So, how seriously should managers take sexual harassment?

There are several reasons why managers should take sexual harassment seriously in the UK.

First and foremost, sexual harassment is a form of discrimination that is illegal under UK law. The Equality Act 2010 prohibits harassment and discrimination on the grounds of sex, as well as other protected characteristics such as age, race, and disability. Employers have a legal duty to prevent harassment and discrimination in the workplace, and failure to do so can result in legal action being taken against the company.

In addition to the legal implications, sexual harassment can have a serious impact on the well-being and performance of employees. It can lead to stress, anxiety, and other mental health issues, as well as physical symptoms such as sleep disturbances and loss of appetite. This can affect employees’ ability to work effectively and can lead to reduced productivity and morale.

Managers have a responsibility to create a safe and respectful work environment for all employees. Taking sexual harassment seriously and taking appropriate action to prevent and address it can help to create a positive and inclusive workplace culture. It can also help to retain good employees and avoid costly legal action.

What should an HR or line manger do if they receive an allegation of sexual harassment from an employee?

If an HR or line manager receives an allegation of sexual harassment from an employee, they should take the following steps:

1. Listen to the employee and take their concerns seriously. It is important to create a safe and supportive environment for the employee to speak about their experiences.
2. Document the details of the complaint, including the date, time, location, and names of any witnesses or individuals involved. This will be important for any investigation that may follow.
3. Assure the employee that the complaint will be treated confidentially and that they will not be subjected to any retaliation for making the complaint.
4. Inform the employee of their rights and options, including the right to make a formal complaint and the right to seek support and assistance from external organizations.
5. If the employee wishes to make a formal complaint, follow the company’s policy for handling such complaints. This may involve conducting an investigation and taking disciplinary action if the allegations are found to be true.
6. Keep the employee informed of the progress of the complaint and any actions taken.

It is important for HR and line managers to handle sexual harassment allegations in a sensitive and professional manner, and to ensure that appropriate action is taken to address the issue and prevent it from happening again in the future.

Should an employee be automatically sent home or suspended from work if an allegation of sexual harassment is made against them?

It is not necessarily appropriate to send an employee home or suspend them from work if an allegation of sexual harassment is made against them. The appropriate course of action will depend on the specific circumstances of the case and the policies and procedures in place at the company.

In general, it is important to handle allegations of sexual harassment in a fair and impartial manner, and to ensure that the rights of all parties involved are respected. Suspending or sending an employee home may be necessary if the alleged behaviour poses an immediate risk to the safety of others or to the integrity of the investigation, but this should be done on a case-by-case basis and with consideration of the individual’s rights.

It may be more appropriate to place the employee on administrative leave or to assign them to a different role or location while the allegations are being investigated. This allows the investigation to proceed without interference and allows the employee to continue working while the matter is being resolved.

Ultimately, the goal should be to ensure that the workplace is safe and respectful for all employees, and to take appropriate action to address any behaviour that violates company policies or the law.

And what about the employee who claims to have been harassed – should they be placed on paid leave?

It may be appropriate for the employee who claims to have been harassed to be placed on paid leave, depending on the specific circumstances of the case and the policies and procedures in place at the company.

If the employee is experiencing significant distress or trauma as a result of the harassment, taking time off may be necessary for their physical and emotional well-being. Paid leave can also provide the employee with an opportunity to seek support and counseling, and to take steps to protect their own safety.

In some cases, the employee may prefer to continue working while the allegations are being investigated. In this situation, the company may need to take steps to ensure that the employee feels safe and supported at work, such as providing additional supervision or assigning the employee to a different role or location.

It is important for the company to be flexible and to work with the employee to determine the best course of action, taking into account the employee’s needs and preferences. The goal should be to support the employee and to create a safe and respectful work environment for all employees.

What practical support measures can a company offer an employee who believes they have been harassed?

There are several practical support measures that a company can offer to an employee who believes they have been harassed:

1. Provide a safe and supportive environment: This may involve assigning the employee to a different role or location, or providing additional supervision or support.
2. Offer counseling and other forms of support: The company may provide access to counseling services or other support resources to help the employee cope with the effects of the harassment.
3. Keep the employee informed of the progress of the investigation: It is important to keep the employee informed of the steps being taken to address the harassment and to resolve the issue.
4. Take appropriate disciplinary action: If the allegations are found to be true, the company should take appropriate disciplinary action to address the behaviour and prevent it from happening again in the future.
5. Review and update policies and procedures: The company should review and update its policies and procedures for addressing sexual harassment to ensure that they are effective and fair.

It is important for the company to be proactive in offering support and assistance to employees who have experienced harassment, and to take steps to prevent similar incidents from occurring in the future.

What counts as sexual harassment? For example, do jokes count? When does ‘friendly’ become harassment?

Sexual harassment is any unwanted or unwelcome behaviour of a sexual nature that creates a hostile or offensive work environment, or interferes with an individual’s work performance. It can take many forms, including verbal comments, physical advances, or written or electronic communications.

Jokes or comments of a sexual nature can be considered sexual harassment if they are unwanted or if they create a hostile or offensive work environment. Even if the person making the joke or comment did not intend to cause offense, the impact on the recipient is what matters.

It can be difficult to determine when friendly behaviour crosses the line into harassment. Some behaviours that may be perceived as friendly by one person may be experienced as harassing by another. It is important for individuals to be aware of their own behaviour and to respect the boundaries and preferences of others.

If you are unsure whether a joke or comment is appropriate, it is best to err on the side of caution and refrain from making it. If you receive a joke or comment that you find offensive or inappropriate, it is important to speak up and let the person know that their behaviour is not acceptable.

How about touching? What is a person places there hand on someone’s should?

Touching can be considered sexual harassment if it is unwanted or if it creates a hostile or offensive work environment. Even if a person did not intend to cause offense, the impact on the recipient is what matters.

Placing a hand on someone’s shoulder can be a friendly or reassuring gesture, but it can also be experienced as intrusive or harassing, depending on the context and the relationship between the individuals involved. For example, a pat on the shoulder from a supervisor may be perceived as harassing if it is unwelcome or if it is accompanied by other inappropriate behaviour.

It is important for individuals to be aware of their own behaviour and to respect the boundaries and preferences of others. If you are unsure whether a physical gesture is appropriate, it is best to ask for permission before making it. If you feel that someone has touched you in a way that is unwanted or inappropriate, it is important to speak up and let the person know that their behaviour is not acceptable.

Is it mainly women who are sexually harassed? What are the proportions of men vs women making complaints?

Sexual harassment can affect anyone, regardless of their gender. However, research has shown that women are more likely to experience sexual harassment than men. According to a survey conducted by the Equal Employment Opportunity Commission (EEOC) in the United States, approximately 75% of individuals who reported experiencing sexual harassment at work were women.

It is important to note that not all instances of sexual harassment are reported. Some individuals may be afraid to speak up, or may not know how to report the behaviour. As a result, it is difficult to accurately measure the proportions of men and women who experience or report sexual harassment.

It is important for companies to have policies and procedures in place to prevent and address sexual harassment, and to create a safe and respectful work environment for all employees. Employers have a legal duty to prevent harassment and discrimination in the workplace, and failure to do so can result in legal action being taken against the company.

What should the company do if an employee launches a sexual harassement legal claim?

If an employee launches a sexual harassment legal claim against a company, it is important for the company to take the following steps:

• Investigate the allegations: The company should conduct a thorough and impartial investigation into the allegations of sexual harassment. This may involve gathering evidence, such as witness statements, and reviewing company policies and procedures.
• Cooperate with any legal proceedings: If the employee chooses to pursue legal action, the company should cooperate with any legal proceedings and provide any relevant information or evidence as required.
• Take appropriate disciplinary action: If the allegations are found to be true, the company should take appropriate disciplinary action to address the behaviour and prevent it from happening again in the future.
• Review and update policies and procedures: The company should review and update its policies and procedures for preventing and addressing sexual harassment to ensure that they are effective and fair.

It is important for the company to handle the legal claim in a professional and respectful manner, and to ensure that the rights of all parties involved are respected. By taking these steps, the company can work to resolve the issue and protect the interests of all employees.

What action can a company take to pre-empt sexual harassment allegations?

There are several actions that a company can take to prevent sexual harassment allegations:

1. Establish clear policies and procedures: The company should have clear policies and procedures in place for addressing sexual harassment, including guidelines for reporting incidents and a process for investigating and resolving complaints. These policies should be widely distributed and communicated to all employees.
2. Provide training and education: The company should provide regular training and education on sexual harassment prevention to all employees. This can help to raise awareness of what constitutes sexual harassment and how to prevent it.
3. Encourage a culture of respect: The company should foster a culture of respect and inclusivity, and encourage employees to speak up and report any incidents of harassment or discrimination.
4. Respond promptly and effectively to complaints: If an employee raises a concern or complaint about sexual harassment, the company should take it seriously and respond promptly and effectively. This may involve conducting an investigation and taking appropriate disciplinary action.
5. Regularly review and update policies and procedures: The company should regularly review and update its policies and procedures for addressing sexual harassment to ensure that they are effective and fair.

By taking these steps, a company can create a safe and respectful work environment for all employees and reduce the risk of sexual harassment allegations.

Can you provide a model sexual harassment policy?

Sure, here is a model sexual harassment policy that a company could use as a starting point for developing its own policy:

Policy Statement:

Our company is committed to providing a safe and respectful work environment for all employees. Sexual harassment of any kind is not tolerated and will not be tolerated. All employees have the right to work in an environment free from sexual harassment, and it is the responsibility of all employees to maintain a workplace that is respectful and professional.

Definition of Sexual Harassment:

Sexual harassment is any unwanted or unwelcome behaviour of a sexual nature that creates a hostile or offensive work environment, or interferes with an individual’s work performance. Examples of sexual harassment include, but are not limited to:

• Making unwanted sexual advances or requests for sexual favors
• Making offensive comments or jokes about someone’s body or appearance
• Sharing sexually explicit or suggestive material, such as pictures or videos
• Physical touching or other forms of physical harassment
• Making threats or using intimidation to get someone to engage in sexual activity
• Retaliation against someone for rejecting or reporting sexual harassment

Reporting Sexual Harassment:

If you experience or witness sexual harassment, you have the right to report it. You can report incidents of sexual harassment to your supervisor, HR, or any other appropriate company representative. You may also report incidents to external organizations such as the Equal Employment Opportunity Commission (EEOC) or the UK’s Equality and Human Rights Commission (EHRC).

Confidentiality:

We will make every effort to keep the details of a sexual harassment complaint confidential. However, in some cases, it may be necessary to disclose certain information in order to properly investigate and resolve the complaint.

Investigation and Resolution:

All sexual harassment complaints will be promptly and thoroughly investigated. If the allegations are found to be true, appropriate disciplinary action will be taken, up to and including termination of employment. We will also take steps to prevent similar incidents from occurring in the future.

Retaliation:

Retaliation against anyone for making a complaint of sexual harassment or for cooperating in an investigation is strictly prohibited and will not be tolerated.

This policy applies to all employees, contractors, and other individuals working at our company, regardless of their position or job title.

By adopting this policy and taking steps to prevent and address sexual harassment, we can create a safe and respectful work environment for all employees.

Are there any other aspects of sexual misconduct in the workplace that employers should be aware of?

Here are some additional aspects or important issues related to sexual harassment at work that may not have been covered in the questions above:

• The impact of power dynamics on sexual harassment: Sexual harassment can often involve an abuse of power or a power imbalance between the individuals involved. This can make it difficult for the person being harassed to speak up or report the behaviour, and can make it more difficult to address the issue effectively.
• The role of bystander intervention: Bystanders can play a critical role in preventing and addressing sexual harassment. By speaking up and taking action when they witness inappropriate behaviour, bystanders can help to create a safer and more respectful work environment.
• The intersection of sexual harassment and other forms of discrimination: Sexual harassment can often intersect with other forms of discrimination, such as race, religion, or age. It is important for companies to consider the intersectional nature of harassment and to have policies and procedures in place to address all forms of discrimination.
• The importance of ongoing prevention and education: Prevention is key to addressing sexual harassment in the workplace. Companies should provide ongoing training and education to all employees to help raise awareness of what constitutes harassment and how to prevent it.
• The role of company culture in preventing harassment: A company’s culture can play a significant role in shaping the behaviour of its employees. Companies should work to create a culture of respect and inclusivity, and encourage employees to speak up and report any instances of harassment or discrimination.

What resources are available online to help HR professionals understand Sexual harassment?

There are several resources available online to help UK HR professionals understand sexual harassment and how to prevent and address it in the workplace. Some of these resources include:

• UK Government: The UK government conducted a major consultation on sexual harassment in the workplace and this page contains it’s response to the findings and other useful resources. (https://www.gov.uk/government/consultations/consultation-on-sexual-harassment-in-the-workplace)
• Equality and Human Rights Commission (EHRC): The EHRC is a UK government agency that promotes and protects human rights and equality. The EHRC has a website (https://www.equalityhumanrights.com/en/publication-download/sexual-harassment-and-harassment-work-technical-guidance) with information on sexual harassment, including guidance on the law and best practices for preventing and addressing harassment.
• ACAS: ACAS is a UK organization that provides advice and guidance on employment issues, including sexual harassment. The ACAS website (https://www.acas.org.uk/sexual-harassment) has a section on sexual harassment, including information on the law and best practices for preventing and addressing harassment in the workplace.
• Citizens Advice: Citizens Advice is a UK organization that provides free, impartial advice on a wide range of topics, including employment and sexual harassment. The Citizens Advice website (https://www.citizensadvice.org.uk/work/discrimination-at-work/discrimination-at-work/checking-if-its-discrimination/if-youre-being-harassed-or-bullied-at-work/) has information on discrimination and harassment (which includes sexual harassment), including guidance on how to report harassment and where to get support.

These resources can provide HR professionals with a good starting point for understanding sexual harassment and how to prevent and address it in the workplace. It is important to stay up-to-date on the latest laws and best practices in this area, as well as to have policies and procedures in place to prevent and address harassment in the workplace.

Conclusion

Sexual harassment is a serious issue that can have a significant impact on the well-being and productivity of employees. It can take many forms, including verbal comments, physical advances, or written or electronic communications. It is important for companies to have policies and procedures in place to prevent and address sexual harassment in the workplace, and to create a safe and respectful environment for all employees.

If an employee raises an allegation of sexual harassment, it is important for HR professionals and managers to take the complaint seriously and to follow the company’s policies and procedures for addressing the issue. This may involve conducting an investigation, taking appropriate disciplinary action, and providing support to the employee who has experienced harassment.

If an employee chooses to pursue legal action, the company should cooperate with any legal proceedings and provide any relevant information or evidence as required. It is also important for the company to review and update its policies and procedures to ensure that they are effective and fair.

By taking these steps, a company can work to resolve the issue and protect the interests of all employees. It is important for employers to be proactive in preventing and addressing sexual harassment, and to ensure that the workplace is safe and respectful for all employees.