Employers have strict legal duties when it comes to dealing with sexual harassment in the workplace. Everyone within your organisation has their part to play to assist you in ensuring you adhere to those duties. Managers, in particular, are at the forefront of fostering a culture in which sexual harassment is deemed unacceptable, identifying any specific risks within their team, and addressing any incidents that arise. Accordingly, ensuring your employees understand how to handle sexual harassment in the workplace as a manager is essential.
If you need assistance with fulfilling your obligations in respect of preventing sexual harassment or addressing any complaint you receive, our HR and employment law specialists are ideally placed to assist. With decades of experience in supporting small business owners, HR departments, and managers in navigating the HR landscape, we offer straightforward, commercial advice at competitive rates.
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What Constitutes Sexual Harassment?
To be able to handle sexual harassment in the workplace, managers must understand what constitutes sexual harassment.
The legal definition of sexual harassment is fairly wide. It includes any unwanted sexual behaviour towards a person that violates their dignity or creates an intimidating, offensive, hostile, degrading, or humiliating environment. Crucially, conduct can constitute sexual harassment even if it does not have these effects if the perpetrator intended it to.
What Types Of Behaviour Constitute Sexual Harassment?
It can help managers understand what the law classes as sexual harassment to consider the types of behaviour that may be caught by the definition, particularly because some may not be immediately obvious. They include the following:
- Sexual violence, such as rape
- Stalking
- Displaying or sharing sexual images
- Commenting on someone’s body
- Sexual gestures
- Unwanted touching, such as putting a hand on someone’s leg
- Offensive comments
- Asking personal questions about someone’s sex life.
Clearly, some instances of sexual harassment will constitute criminal offences.
What Can Managers Do To Prevent Sexual Harassment In The Workplace?
Managers play a vital role in preventing sexual harassment in the workplace. Given their integral role within a team, they are an employer’s eyes and ears and are perfectly placed to assess the dynamics among team members and identify any particular areas of risk, such as power imbalances or regular socialising. By reporting any such issues to their employer, managers can ensure the organisation is aware of any risks and can implement measures to mitigate them.
Managers can take several proactive steps in assisting their employer with fulfilling their legal obligations. They include the following:
• Setting A Good Example
A manager’s behaviour sets the tone for their entire team. By treating everyone with dignity and respect, managers can nurture a culture of inclusivity in which sexual harassment is unacceptable.
• Encouraging The Team To Speak Out
Employees are far more likely to raise sexual harassment issues with managers who are friendly and approachable and make their refusal to accept such behaviour within their teams clear. By ensuring team members understand that they are available to deal with a complaint and will do so impartially, managers can encourage anyone who has experienced or witnessed sexual harassment to speak up.
• Providing Consistent Training
Employers should provide employees with ongoing training on sexual harassment issues, such as what constitutes sexual harassment and the likely consequences for anyone exhibiting such behaviour. Managers should attend this training and ensure their team understands the importance of doing so themselves.
How To Handle Sexual Harassment In The Workplace As A Manager
By being approachable and sympathetic, managers can encourage their team to make sexual harassment complaints without fear of reprisal or victimisation. When a manager receives a complaint, they should deal with it empathetically and ensure their investigations are thorough. They should also reassure all involved that the matter is being addressed promptly and fairly.
It’s important for managers to clearly document the complaint, the evidence, and their investigations. Not only will these notes be invaluable in the event a team member brings Tribunal proceedings for sexual harassment, but they can also assist the business in identifying any particular areas of risk and taking any necessary precautions.
Managers should take any steps they deem necessary to reassure the parties while the investigation is ongoing. For example, it might be necessary to move one party out of the team to diffuse any ongoing tension and ensure everyone feels comfortable at work. If a manager suspects that someone is being victimised, either for having made a sexual harassment report or being the subject of one, they should speak to the individual involved to assess the situation and encourage them to report the issue where necessary.
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