While attitudes towards gender equality have changed in recent times, even moreso since the #MeToo movement, sexual harassment in the workplace, while unlawful, still occurs with alarming regularity.
What is Sexual Harassment?
The Equality Act 2010 defines sexual harassment in the workplace as any behaviour, of a sexual nature, that is unwanted, offensive, intimidating or humiliating. Both men and women can be sexually harassed.
Behaviour classed as sexual harassment in the workplace can fall into two categories – verbal, which includes sexual jokes, sexual comments or sharing of explicit material, and physical, which includes unwanted touching anywhere on the body, kissing and sexual assault.
While sexual discrimination and sexual harassment have been covered under employment legislation for many years, recent research has shown that regulations alone cannot completely eradicate it from the workplace, with unwanted sexual behaviours disproportionately affecting women.
Shifts in Attitude
Research conducted by the BBC, based on a survey of more than 2,000 people after the Harvey Weinstein allegations and the #MeToo movement, found that 37% of responders had suffered from some form of sexual harassment at work of which 53% were women and 20% were men. Furthermore, the Trade Unions Congress (TUC’s) research found that 50% of women at work have experienced sexual harassment, with only 1 in 5 reporting it.
CIPD research in 2020 found that 4% of employees said they had been sexually harassed at work over the past 3 years, with women more likely to report experiences of bullying (13%) and sexual harassment (2%). What is most worrying is that 24% of employees felt issues regarding bullying and harassment were undealt with, or swept under the carpet by the organisation.
However, it also found that the high-profile scandals in the media and the #MeToo movement had inspired a positive change in attitudes amongst employees, with 33% reporting that they felt more confident to challenge sexual harassment, and 29% reporting that they felt more confident in raising a complaint about it.
As such, it is even more essential for organisations to take a strong position in eradicating such incidents from the workplace.
Prevention Is Better Than Cure
Having procedures in place for dealing with sexual harassment doesn’t necessarily stop the behaviour from occurring in the first place. It’s best to invest in prevention, than to simply deal with it after the fact.
A workplace that strives to provide a harmonious working environment, embrace differences and welcome feedback, will enable employees to work with confidence and find job satisfaction.
Put An Anti-Harassment Policy in Place
A robust policy should not only communicate the organisation’s commitment to an inclusive and non-hostile working environment, but also advise employees of their own responsibilities towards it, and their rights in the event of a negative incident. Points to cover include:
- A clear definition of what constitutes sexual harassment;
- A formal encouragement to employees to report all incidents of sexual harassment;
- Information on how to access reporting channels for filing complaints;
- An explanation of the procedures, from investigation through to resolution; and
- Sanctions and disciplinary actions for sexual harassment.
Start from Day One
It is essential to engage with employees on issues regarding behaviour in the workplace, to be clear on what is and isn’t acceptable, and to highlight zero-tolerance policies. These standards should be communicated from day one of employment, forming part of the induction process.
Make it Simple and Secure
Ensure that your reporting channels are easily accessible to all employees, which can include anonymous methods for anyone who may feel unsafe in speaking up. One way of approaching matters proactively (instead of waiting until complaints come in), is to carry out annual or bi-annual surveys, including asking employees if they feel they have been harassed, or seen it happening to someone else. This can be carried out anonymously, if you feel it will encourage employees to be more forthcoming and will still assist you in identifying problems within your organisation.
A Manager’s Responsibility
Managers set the tone for the working environment, as well as being an example of the organisation’s culture. Therefore, they should be fully trained in identifying underlying tensions amongst employees, and on how to challenge inappropriate behaviours, such as banter of a sexual nature.
They should be able to:
- clearly communicate the organisation’s expectations for dignity and respect amongst employees, as well as the penalties that can occur for not meeting them;
- demonstrate that swift action will be taken regarding any improper behaviour; and
- build a sense of trust that allows employees to work without fear of discrimination or recrimination, should they choose to raise a complaint.
Training On All Levels
Arrange training for all employees and managers on identifying sexual harassment and safeguarding against it. It can help some individuals see the (sometimes unconscious) error of their ways, while empowering others to take a stand when needed, either for themselves or on behalf of others. It will also highlight the fact that your organisation encourages reporting of such matters, takes them seriously, and re-enforces the message that they won’t simply be swept under the carpet.
Conclusion
Historically, many claims of sexual harassment have been put down to ‘simple office banter’, and unfortunately, this attitude persists. There is also the issue of differing personal experiences, cultures and perspectives, causing one person to take offence to something that someone else may see as harmless.
However, I think we can all agree that employers are in the strongest position to do more to eradicate sexual harassment from the workplace, by setting the standard from the starting point of recruitment and selection, through to training, everyday operations and promotion.
If you need support in creating policies that help build community and mitigate hostility in the workplace, please do not hesitate to give us a call.