Earlier this week, the TUC published the results of a survey which found that over half of women had been subjected to sexual harassment at work. This rose to almost two thirds for women aged between 18 and 24.

It is quite shocking that in 2016 so many women are subjected to inappropriate treatment in the workplace. Clearly this is an issue that employers need to be alive to. So, what do we mean by “harassment” and how should an employer seek to prevent it from occurring in the workplace?

Harassment is defined as unwanted conduct on the grounds of a protected characteristic that has the purpose or effect of violating the subject’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the individual being subjected to this unwanted behaviour. By “protected characteristic”, we mean any characteristic that the law protects people from discrimination on the grounds of – sex, sexual orientation, race, age, disability etc. Any unfavourable treatment towards an individual on one of these protected grounds will be unlawful.

Harassment can take various forms. Sexual harassment, which was the subject of the TUC survey can take the form of inappropriate touching, making lewd remarks and/or making inappropriate jokes of a sexual nature. It is important to note that the perspective of the person who is the subject of the behaviour is more important than the intention of the person engaging in the behaviour. One person’s friendly banter can be another person’s verbal harassment. If the person who is subjected to the behaviour reasonably takes offence, then the behaviour is likely to constitute harassment, even if no offence was intended.

The consequences of harassment in the workplace are severe. For the person subjected to it, it can be an embarrassing and frightening experience and have a negative impact on their work and may even leave them having time off on sick leave or considering their position in the organisation through no fault of their own. From the perspective of the employer, there is a serious risk of both the reputational and financial consequences of facing legal action if one of the organisation’s employees harasses another.

So, what practical steps should an employer take to try to ensure that no employee in their organisation will be subjected to harassment?

Firstly, it is important to have a clearly communicated policy, advising employees of what harassment is and that it will not be tolerated in the workplace. The policy should advise employees who feel that they have been subjected to harassing treatment that they have the right to report this and that any such report will be treated seriously and dealt with accordingly. The policy should also advise employees that anyone found to have been guilty of harassment is liable to be dismissed.

Secondly, employees should be trained in the policy. Employers who can show that they have taken all reasonable steps to protect employees from harassment at work can avail of a statutory defence. In order to avail of this, it is important to demonstrate not only that a policy was in place but that employees were aware of it and aware of their responsibilities generally. Any such training should include advising employees that they can be held personally liable for acts of discrimination and harassment in the workplace. Employees should also be advised that, even if they do not intend offence, if their behaviour reasonably causes someone to feel offended, it can constitute harassment. Without wanting to remove all workplace banter and joking, it is advisable to require employees to refrain from any banter or teasing that relates to any protected characteristic.

If a complaint of harassment is received, either in writing or verbally and whether or not the employee raising it actually uses the word “harassment” in their complaint, it should be investigated immediately and steps taken to protect the employee while the investigation is ongoing. This may, depending upon the circumstances, include suspending the employee who the complaint has been made about, or taking steps to separate the two parties if this is reasonably possible.

Eradicating harassment from the workplace is everyone’s responsibility. By clearly communicating a ‘zero tolerance’ policy, providing training and dealing appropriately with any issues raised by concerned employees, employers will be in as good a position as possible to ensure that no-one in their workplace feels that they have been subjected to harassment.   

This article is intended for general information only. For specific advice on anything to do with employment law, please do not hesitate to get in touch.