What counts as sexual harassment at work?

The business lobby group CBI is in turmoil after allegations of sexual misconduct have been leveled against some of its employees.

But what constitutes sexual harassment and what should you do if you encounter it at work?

Sexual harassment is unwanted behavior of a sexual nature, says Alison Loveday, employment lawyer and business consultant at Lockett Loveday McMahon Solicitors in Manchester.

“It must have either violated a person’s dignity, whether intentional or not, or created an intimidating, hostile, degrading, demeaning or offensive environment for them, whether intentional or not.

“It can be a one-off action or pattern of behavior, but it doesn’t have to be repeated,” she says.

According to workplace experts Acas, examples include:

In the workplace, it includes white-collar workers and manual workers, contractors and the self-employed, and job applicants.

In this context, the workplace is not just “the office”.

“If an event or situation is related in any way to work, it may fall under the workplace … and a sexual harassment claim could be filed,” Ms Loveday says.

“It can be a Christmas party, a customer event or a messaging between colleagues.”

If you’ve been subjected to sexual harassment, you can lodge a complaint with your human resources department and have the right to have that complaint thoroughly investigated, regardless of the seniority of the individuals involved, says the Chartered Institute of Personnel and Development (CIPD).

Some companies allow complaints to be reported anonymously or have digitized systems.

While allowing anonymity may encourage people to come forward, CIPD Public Policy Director Ben Willmott says these types of investigations pose a “challenge” for HR departments because they are not “working in a vacuum.” can.

An employer must investigate every report of sexual harassment.

Even if a lot of time has passed between the incident and the report, the employer should still take it very seriously, says Acas.

In addition, Ms Loveday says, more and more companies are trying to introduce policies and procedures that control behavior to some degree, for example codes of conduct and policies covering behavior at workplace events.

But politics alone is not enough, says Mr. Willmott. Regular training for those responsible for human resources management is essential, he says.

The sexual harassment bill was built on the Equality Act 2010 when social media was in its infancy, says Mr Willmott, and it’s a “challenge” for employers.

“It depends on the specifics. However, employers must have clear guidelines. People have the right to privacy, but also not to bring an organization into disrepute,” he says.

Alison Loveday adds, “With social media messaging, there’s no legal prohibition, but it’s a really good example of where we haven’t kept up with changing risk.”

If you feel like you’ve been wrongly accused, it’s important to be able to collect evidence – look at the allegations and see if you can challenge them. A log of events, transcripts of conversations, witnesses of your interactions are all important.

Employers shouldn’t assume the allegation is true or false, Acas says. Support and sensitivity should be offered to someone who is accused of sexual harassment so that the handling of the complaint is balanced.

Michelle Last, employment law partner at Keystone Law, says: “Companies can take disciplinary action, up to and including termination, against the complainant. There could also be grounds for defamation. But the reality is that there are usually significant legal costs associated with a court case, which puts people off.”

Whether or not the relationship is consensual, some companies now have rules governing workplace relationships. Either they don’t allow them, or if you’re in one you have to declare it, says Ms Loveday.

“Often it is the failure of the relationship that has led to claims or demands from third parties.”