A recent report by the TUC and the Everyday Sexism project found that 52% of women had experienced unwanted behaviour at work. This included groping, sexual advances and inappropriate jokes. Among women and girls aged 16-24, that rose to 63%.
At the local HR Dept office in Tonbridge, we run an advice line for small business owners in the local community extending from Maidstone, Sevenoaks and Tunbridge Wells. We act as a sounding board for employers and ensure that they always remain on the right side of the law. However certain situations can pose a new challenge for even the most experienced employers. Allegations of sexual harassment in the workplace is one such issue.
There are various trajectories that these cases can take. The Employer has the onerous job to treat all staff fairly and sensitively. Regardless, some questions which must be avoided being put to the complainan
1. Why did you not report the matter earlier?
2. This is the first ever time we have heard anything like this about so and so. The said employee has been a loyal employee for many years.
3. Are you sure about what you are saying? I thought you both got on quite well.
4. How would you like this matter dealt with?
5. How come you have not reported the matter to the police?
As you have probably guessed, the tone and choice of language can result in victim blaming. Sexual harassment is treated as an allegation of gross misconduct as are malicious allegations of sexual harassment. Therefore it is key that employers investigate matters in the most sensitive manner possible. The employer is not required to assume the role of a court of law or the police, and is not expected to ‘prove’ the allegations but needs to have reasonable grounds to believe whether the facts surrounding the case, could amount to gross misconduct.
Employees making the allegations may ask to remain anonymous or for the matter to be dealt with, informally. The employer however is required to exercise due diligence and establish the best way forward. Where applicable, employers must follow their own processes on disciplinary and grievances, and in the absence of such, apply the ACAS code of practice.
It is obvious that such cases can put an employer in a quandary. Therefore seek advice early on, and avoid a difficult situation from escalating even further.
