What Counts As Sexual Harassment At Work?

The business lobby group the CBI is in turmoil as allegations of sexual misconduct have been made against some of its employees.

But what counts as sexual harassment, and what should you do if you encounter it at work?

Sexual harassment is unwanted behaviour of a sexual nature, says Alison Loveday, an employment lawyer and business consultant at Lockett Loveday McMahon Solicitors in Manchester.

"It must have either violated someone's dignity, whether it was intended or not, or created an intimidating, hostile, degrading, humiliating or offensive environment for them, whether it was intended or not.

"It can be a one-off act or a pattern of behaviour but it doesn't have to be repeated," she says.

According to the workplace experts Acas, examples include:

In the workplace it covers employees and workers, contractors and self-employed people, as well as job applicants.

The workplace in this context isn't just "the office".

"If an event or situation is in any way connected with work then it can fall under the workplace... and there could be a claim brought for sexual harassment," says Ms Loveday.

"That could be a Christmas party, a client event or messaging between colleagues."

If you have been subjected to sexual harassment you can submit a grievance to your HR department and have the right to have that complaint thoroughly investigated, regardless of the seniority of the individuals involved, says the Chartered Institute of Personnel and Development (CIPD).

Some companies allow for anonymous reporting of complaints or have digitised systems.

While allowing anonymity may encourage people to come forward, the CIPD's head of public policy Ben Willmott says these types of investigations pose a "challenge" for HR departments as they cannot "operate in a vacuum if organisational leaders are failing to reflect company values or expected standards of behaviour".

An employer must investigate any report made to them of sexual harassment.

Even if there has been a long time between the incident taking place and it being reported, the employer should still take it very seriously, says Acas.

Moreover, Ms Loveday says more companies are trying to put policies and procedures in place that control behaviour to a certain extent, for example, codes of conduct and policies covering behaviour at workplace events.

But policies themselves are not sufficient, says Mr Willmott. Regular training for anyone responsible for people management is essential, he says.

The law around sexual harassment is based on the Equality Act 2010 when social media was in its infancy, says Mr Willmott, and it is a "challenge" for employers.

"It depends on specifics. However, employers do need to have clear policies. People do have the right to privacy but also not to bring an organisation into disrepute," he says.

Alison Loveday adds: "With social media messaging there's not a legal prohibition but it's a really good example of where we haven't caught up with the changing risk."

If you feel you have been wrongly accused, it's important to be able to gather evidence - look at the allegations and see if you are able to challenge them. A log of events, transcripts of conversations, witnesses to your interactions are all important.

Employers should not presume the accusation is either true or false, says Acas. Someone who is accused of sexual harassment should be offered support and sensitivity, so the handling of the complaint is balanced.

Michelle Last, employment partner at Keystone Law, says: "Businesses can take disciplinary actions against the complainant up to and including dismissal. There could also be grounds for defamation. But the reality is that the substantial legal costs associated with taking it to court generally puts people off."

Regardless of whether it is consensual, quite a few companies now have rules around workplace relationships. Either they don't allow them or if you are in one you have to declare it, Ms Loveday says.

"Often it's when the relationship has broken down that has resulted in claims or third-party claims."

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