Ever since the Harvey Weinstein scandal broke into the public domain last month the subject of Sexual Harassment has come in for some serious discussion. As a result, we have seen numerous other predominantly powerful men being accused of similar acts of harassment.

Whilst this blog post doesn’t aim to look into the how’s and why’s of why this came about, our aim today is to help clarify what constitutes sexual harassment and what you can do about it. After all, what appears to be one of the issues with people coming forward about incidents like these are the lack of information and support offered by the very companies that they work for and where the harassment is taking place. Admittedly there are other factors that have also kept victims quiet however, if we, as a society, can help break down these individual factors piece by piece then it should make for a better work environment for all staff, and a better world for everybody.

What is sexual harassment?

The Equality Act 2010 defines sexual harassment as behaviour that is either meant to, or has the effect of:

  • Violating your dignity, or
  • creating an intimidating, hostile, degrading, humiliating or offensive environment

this would include unwanted touching, requests for sexual favours, suggestive remarks and the dissemination of pornography.

Many people have argued about the ambiguity of the law, stating that one persons ‘banter’ is another person’s ‘harassment’ but more often than not, it is quite clear. If your comment or action is going to denigrate the victims character and imply their only value to the company is their looks, it’s harassment, irrespective of whether it was tongue in cheek or serious. The same also applies, as it appears in the case of Harvey Weinstein, if you were to offer job perks, positions, promotions or bonuses in return for sexual acts and favours, it’s harassment. If your sending emails or displaying pictures/photos of a sexual nature and refuse to stop/remove them when asked, it’s harassment.

What can I do if I’m being sexually harassed?

If you are being harassed by a work colleague or superior, there are a few steps that you can take to report the situation:

  • Collect evidence of the harassment. This could be in the form of a diary, documenting all instances of any harassment you receive.
  • Advise your manager or HR department (consult your company’s sexual harassment policy) and ensure the issue is raised in writing (for your records). If you do make a verbal complaint, write a follow up letter confirming your conversation and your expectancy that the matter will be dealt with appropriately. If you have been a victim of a crime, i.e. physically attacked, then inform the police as well as the relevant department.
  • If the harassment continues or the perpetrator retaliates, the company will now be liable if they do not get them to stop. Advise your appropriate department again about the continued harassment (in writing)
  • If your employer fails to act and stop the harassment or the employer/employees/perp begin to treat you badly or less favourably as a result of your accusations, you can begin to consider taking them to an Employment Tribunal.
  • Prior to a tribunal, it would be a good idea to seek legal advice as tribunals must be made within certain time periods from the date of the offence occurring. Your legal advisor will be able to confirm these timeframes for you.
  • Prior to a tribunal, you will need to submit an Acas Early Conciliation Notification Form. This notifies your employer of your intent to take the matter to court and also offers the opportunity to deal with the matter without a costly court process.

If you do feel you have been the victim of harassment at work and would like to speak to someone you can do so by contacting the EASS (Equality Advisory Support Service).

 

Equality Advisory Support Service (EASS)

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Equality Advisory Support Service

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Telephone: 0808 800 0082

Textphone: 0808 800 0084

Opening Hours: Monday to Friday, 9am to 8pm – Saturday, 10am to 2pm

Website: www.equalityadvisoryservice.com