WORKPLACE SEXUAL HARASSMENT

This has been defined as any unwanted conduct based on the grounds of an individual’s gender. The Sex Discrimination Act of 1975 and Employment Rights Act 1996 protect employees from this kind of behavior. The conduct does not have to sexual in nature however any behavior at work that is sexual in nature and is unwanted will constitute sexual harassment in the workplace. This type of treatment must have been carried out with the intention of violating your dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment.

The most common conduct which is in violation is sexual in nature and can include demeaning comments, indecent remarks, lewd jokes, provocative looks and language, verbal intimidation, demonstrative behaviour or language, sexual demands or sexual questions. Incidents of sexual harassment involving physical contact are criminal offences and should be dealt with by the police.

An employee should immediately report any behaviour of this nature to the employer who is duty bound to attempt to stop further incidents. A company can however be held liable for sexual harassment by the Employment Tribunal in certain circumstances for a single incident even though they had no previous notice of the offenders propensity and character. It has also been ruled that an employee who resigns or is dismissed for other reasons can make an application at a later date after the employment has terminated. In addition an employer can be liable for incidents that take place at social gatherings involving employees occurring immediately after work or for an organised leaving party as these occasions were seen to be extensions of the workplace.

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