The HR team at ITV may currently be pondering the complexities of employment law as it applies to the thorny issue of sexual harassment following the recent allegations surrounding Gino D’Acampo.
Unfortunately, these issues have only got more complex for HR professionals following amendments to the Equality Act introduced on 26 October last year. The Worker Protection Act 2023 places a legal obligation on employers to take ‘reasonable steps’ to prevent sexual harassment in the workplace. If they don’t, they could face a 25% uplift to the compensatory award in a related Employment Tribunal claim.
ITV have commented that ‘production companies have the primary responsibility for the duty of care of everyone they work with’ and that ‘all of the concerns and complaints raised…describe behaviour which is inappropriate and unacceptable’; but that ‘most of them were not reported to ITV at the time’.
The latter comment however is a common misconception that it is not sexual harassment if the victim doesn’t complain about the alleged conduct, either at the time or at all. There are various reasons why the victim may put up with the unwanted conduct rather than report it, e.g. to avoid exacerbating the issue or, if the alleged harasser is the victim’s superior, they may be concerned about the impact that making a complaint may have on their employment in terms of career prospects and even job security.
This type of conduct can still constitute harassment and can therefore constitute grounds for a legitimate claim. Furthermore, where the employer becomes aware of the matter (or it can be shown that it ought reasonably to have known about it), a common law duty of care exists towards not only the victim, but to other employees who may be affected by the conduct.
In that context, the employer must take all reasonable steps to ensure the health, safety and wellbeing of its employees, including protecting them from the conduct concerned. As to what these steps are, it varies according to the circumstances, but examples include:
- Establish a robust policy
- Clearly communicate and regularly review it
- Provide regular hr training
- Operate and observe a recognised complaints handling procedure
- Investigate all complaints quickly and effectively
- Address instances of harassment with the perpetrator
- Protect the victim from retaliation
- Clearly document the process, decisions and remedial action taken
If this sounds like a minefield and you require assistance in this regard, come along to our FREE breakfast seminar on Wednesday 2 April, 9:00am – 12:30pm at the Village Hotel, Cheadle where the team will discuss the complexities surrounding this difficult area of HR. Register your free place via Eventbrite.
Alternatively, if you need further support implementing sexual harassment policies and procedures in your organisation, or have any other HR/Employment Law issues you would like to discuss, please contact us on 01942 727200 or email enquiries@employeemanagement.co.uk for a 1 hour, no obligation chat with a member of the team. In the meantime, there’s an abundance of sexual harassment myth busters available for FREE download from our website here.