Workplace harassment: what should you be doing? 

I feel like I have spent months talking about harassment, and sexual harassment in particular, and it seems so are a lot of people.  Harassment cases based on both the sexual harassment legislation passed last year and existing laws are on the increase, and employers are finding that what was previously ‘workplace banter' is getting harder to defend.

There were 57 cases in the employment tribunal last year – more than one per week.

According to People Management Magazine, some of the notable cases where ‘banter' resulted in legal claims include:

  • an employee who was allegedly sexually harassed under the guise of workplace humour when a colleague put his arm around [the claimant's] neck requesting a kiss. 
  • a female employee reportedly making inappropriate remarks towards her colleague, saying that she “found brown men attractive”, referring to him as “babe” and asking if she could be his “second/work wife” which made him extremely uncomfortable, offended, and embarrassed. 
  • two employees engaged in ongoing ‘banter', allegedly calling each other ‘fat' and ‘bald,' which escalated to insulting each other's partners. The employment tribunal looked at the employer's alleged failure to act to prevent the escalation of behaviour. 

So, when does banter become harassment, and how can employers and HR professionals create a culture where fun doesn't compromise professionalism? 

Aren't you just the 'fun police'?

Well, no. It's not about clamping down on having fun at work.  But it is about managers stepping in and shutting down conversations that go too far.

We've all probably heard a colleague say something that we are uncomfortable with.  But how many times have we actually spoken to them about it?  As managers, it's a key part of our role, but one that many of us feel incredibly nervous about doing.

What should you, as an employer, be doing? 

Make sure that you have the correct policies in place, and that they are ‘real'.  There is no point in having a dusty policy hidden away somewhere if you don't actually abide by it.
Provide training for employees and managers on your policy and how to handle any concerns that arise.
Make sure that employees have someone to go to if they experience something that they consider inappropriate – whether it's directed at them, or at someone else.

And remember, this isn't just about protecting yourself legally.  Its about creating a workplace that people want to work in – which can only be good for your business in the future.

If you feel that your teams could do with some fun, interactive and most importantly effective training, why not get in touch?