Equality Act 2010
The Equality Act 2010 (“the Act”) consolidated all UK equality laws under one piece of legislation. Included in the Act are the laws previously enshrined in the Sex Discrimination Act 1975, some of which promoted non-discriminatory practices in the workplace. But after over 40 years of protective legislation intending to create “a level playing field,” instances of sexual harassment is still prevalent. It constitutes any unwelcome sexual behaviour. This can take a variety of forms; not necessarily just physical but verbal too. What may be considered a joke to one employee can be very offensive to another, so it’s vital that all sexual harassment claims be taken seriously. Consequently, employers should ensure that sexualised jokes and behaviours are not “normalised” and accepted as banter. Research conducted by the TUC entitled, “Still just a bit of banter”, found that 32 per cent of female employees in the UK had experienced sexual harassment at work. Many previously may have chosen not to pursue complaints of harassment because of fees that had to be paid to seek external remedies. With the abolishment of Employment Tribunal fees though, the risk of having to defend a complaint of sexual harassment is a real possibility. If someone raised a complaint with an Employment Tribunal, indicating that no steps were taken to stipulate that the behaviour complained of was unacceptable, it would leave the business “vicariously liable” for the acts of the employee perpetrating the discriminatory behaviour.Sexual harassment policy
While it is extremely difficult to remove the risk of receiving sexual harassment claims, there are ways to mitigate the risk of claims arising from unwanted conduct. Introducing a written policy outlining a zero-tolerance attitude is key. This will demonstrate to employees that the business is taking a pro-active approach in preserving their dignity and providing them with a safe environment. The policy should outline what sexual harassment is and what the business will do should a complaint arise. It should outline what constitutes unacceptable behaviour, which should be communicated to employees at all levels. Clearly set out what will happen if the rules are breached. Employees should be left in no doubt that sexual harassment claims will be fully investigated. Business owners should also ensure employees understand the steps to take if they wish to report a case.Investigate all claims
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