“Life’s like a box of chocolates, you never know what you’re gonna get”, so said Forrest Gump. Could the same be true if chocolates are given this Valentine’s Day in your workplace? Could one person’s romantic gesture, be another’s sexual harassment?
In reality, a box of chocolates on its own is highly unlikely to be considered sexual harassment. This is defined as unwanted conduct of a sexual nature, or relating to sex, which makes the recipient experience a violation of their dignity, or creates a hostile, degrading, humiliating or intimidating environment.
Crucially it is based on the perception of the person on the receiving end, so there is a degree of subjectivity. With or without chocolates; jokes, crude comments, inappropriate touching and pestering behaviour are all more likely triggers of a sexual harassment claim.
While there may be plenty of good-natured or harmless fun that goes on around Valentine’s Day, it is also a time for you as an employer to be more aware of the risks of sexual harassment. So what could you do to manage the situation?
The Worker Protection Act
It is actually a good time to redraw attention to the Worker Protection Act (that came into force last October) which puts heightened responsibility on employers to pro-actively protect their staff from harassment and sexual harassment. This is because many of the things you can do to demonstrate compliance with this law are what we may suggest as general advice around Valentine’s Day.
The cost of a sexual harassment case at tribunal alone can run into thousands, tens of thousands or in extreme cases hundreds of thousands or millions of pounds. This new act gives judges the power to apply a 25% uplift to awards, if it is found an employer did not take all reasonable steps to prevent harassment.
A written harassment and sexual harassment policy
Every employer should have a written policy covering your approach to sexual harassment, including a definition, expectations, reporting channels and how it is investigated and dealt with. Having this document alongside your other policies and sharing them regularly with all staff let’s everyone know where they stand, and what is and isn’t acceptable.
Harassment and sexual harassment training
Training is an excellent and necessary way to reinforce the messaging of a policy. It raises awareness and equips attendees with valuable tools to identify, prevent and remove sexual harassment from the workplace. We have a highly-rated and cost-effective eLearning course which has been very popular over the last six months. Ask us if you would like to find out more.
A reminder the day before
As well as the two previous tips which may be seen as part of a longer term strategy, it is helpful to provide a reminder on Valentine’s Day or the day before, reminding employees of what is and isn’t acceptable. You cannot ban Valentine’s Day, of course, but if you feel it is appropriate you could ask that any cards or gifts are exchanged outside of the workplace.
Help from The HR Dept
Sexual harassment is a 365-day-a-year risk for employers. To ensure your business takes all reasonable steps to prevent it, protecting staff and yourself, please get in touch. We can help with training, policies, advice and any other related services.
