We are a firm of solicitors that operates exclusively in all areas of employment disputes including sexual harassment claims. We are able to pursue or negotiate a claim on your behalf and can provide you with representation anywhere in the United Kingdom. We are regulated by the Law Society and we combine unrivalled experience and expertise.
This type of behaviour has been defined as “unwanted conduct of a sexual nature or other conduct based on sex affecting the dignity of women and men at work”. The Courts have stated that the essential characterisation is that it is words or conduct which is unwelcome to the recipient. It is in effect for the recipient themselves to decide what is acceptable and what is unwelcome or offensive. If the recipient therefore rejects the conduct and there is a continuation of that conduct none the less, then that can be regarded as harassment.
Where cases involve sexual misconduct, the Employment Tribunal may at its own discretion make a “restricted reporting order” which will restrict the reporting of the case so that the identity of the person making the allegation or any person affected by it can be protected. The only specific employment law protection, comes from the Sex Discrimination Act 1975 and the EC Equal Treatment Directive 76/207. However, a European Directive has been passed requiring all member states to introduce legislation specifically outlawing this type of behaviour by October 2005.
In certain cases, Tribunal awards of compensation can be high. The awards are made notably for injury to feelings and can be made against the employer as well as the perpetrator. It is important therefore that the Employer is ever vigilant as to these acts in the workplace. A code of practice was recommended for adoption by the European Commission in November 1991 and although it does not have the force of law it is a useful guide for employers in dealing with the subject. Other useful publications can be found in the Equal Opportunities Commission which publishes a guide to the relevant law and in HMSO.
Sexual Harassment by an employee of another employee is an act of misconduct which may justify dismissal. It can also be a criminal offence and imprisonable under the Protection From Harassment Act 1997.
The Equal Opportunities Commission has a specific section on its website and suggests 5 positive steps an employer can take. These are:-
- The employer should develop a clear policy for preventing and tackling this type of behaviour.
- Once developed, the employer should ensure that everyone is aware of and understands the policy.
- In the event of an incident, it should be treated as a Health and Safety issue as it can have a serious impact on the physical and mental well being of victims.
- The employer should lead by example and make Managers and Supervisors personally responsible
- The employer should continuously monitor the policy implementation to ensure that it is working properly.
We offer an initial free consultation. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session. If you would like a free assessment of the merits of your case without further obligation, please contact us on 020 7408 1338.
