In August 2016 a TUC survey of 1,500 women found that more than half of women of the women surveyed have experienced sexual harassment in the workplace. Sexual harassment is a key issue in the workplace today that has a severe impact on employers and employees. With this in mind we look at what you need to know about sexual harassment at work.
What is Sexual Harassment?
Sexual Harassment is a broad term that covers a variety of situations. Both men and women can be the victims and perpetrators of sexual harassment. Generally speaking sexual harassment occurs when one person (Person A) does or says something unwanted and sexual to another person (Person B). Person B is upset, humiliated or made uncomfortable as a result of Person A's conduct.
Sexual harassment is not limited to physical acts. It could involve verbal comments, emails and things like leering and watching pornography in the workplace. The unwanted conduct does not need to be repeated, one off acts can constitute sexual harassment.
What do you need to know?
The victim doesn't need to complain
The victim doesn't need to make it clear to the perpetrator that their actions are unwanted in order for sexual harassment to occur. This avoids situations where potential harassers can 'test the water' with their victims. Many victims of sexual harassment often don't take action when harassment occurs because they worry about the impact any action would have on their job.
'Banter' can be sexual harassment
Things said or done as a joke can still be sexual harassment if it results in the victim feeling distressed. Even compliments can be considered sexual harassment. What really matters in sexual harassment cases is the effect that someone's actions or words have on the victim.
Anyone can be sexually harassed
Any employee in a workplace can be sexually harassed. While harassment usually involves a more senior person abusing their power over a subordinate this is not always the case. Employment Tribunals have held that employees have sexually harassed in more senior positions and it is not a defence to say that the person being harassed was in a more senior role.
Anyone can bring a harassment claim
Victims are not the only people who can submit a sexual harassment claim. An individual that overhears a sexual or sexist remark at the workplace, even though it was not directed at him or her, could raise a sexual harassment claim. This is because such conduct could create an offensive or humiliating environment.
What can you do?
For employers it is important to have clear harassment policies in place and understand what to do when someone raises a sexual harassment complaint. For employees it is important to receive support and guidance about your rights in the workplace and how to exercise them.
