An Employment Law Perspective: Sexual Harassment in the Workplace

Understanding Sexual Harassment in the Workplace: An Employment Law Perspective

As the festive season approaches, many workplaces will begin to prepare for their annual Christmas parties—a time for celebrating the year’s achievements and fostering camaraderie among colleagues. However, the party atmosphere, often mixed with alcohol and a sense of relaxation, can sometimes blur professional boundaries, making incidents of sexual harassment a genuine concern.

As Employment Law experts, we sadly often see an increase in sexual harassment claims during December and January. Employment law clearly defines and deals with sexual harassment, yet, many employees and employers remain unaware of their rights and responsibilities, especially during social events outside the typical workplace environment. Recent allegations, such as those against TV personality Gregg Wallace, highlight how damaging these issues can be, personally and professionally.

What Is Sexual Harassment in the workplace?

Sexual harassment in the workplace is unlawful under the Equality Act 2010. The legislation describes it as unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for that person. It can involve a range of behaviours—from inappropriate remarks and jokes to physical advances or more severe actions.

It’s important to note that sexual harassment doesn’t need to occur within the workplace to be relevant under employment law. Employers are still responsible for their employees’ conduct at work-related events, such as Christmas parties or networking sessions. This means that incidents at festive celebrations are very much covered under the law, and both employers and employees should be aware of this legal framework.

Christmas Parties: Where the Line Blurs

The annual Christmas party is often anticipated as a chance for employees to unwind and celebrate together. However, it also presents a context in which professional boundaries may become blurred, and the risk of inappropriate behaviour increases, particularly when alcohol is involved. Employment law recognises this grey area. Social functions organised by an employer, whether held on-site or off-site, are deemed an extension of the workplace. As such, inappropriate conduct, including sexual harassment, during these events may lead to disciplinary action and legal consequences.

Employers are obligated to take steps to prevent such incidents. This includes ensuring that their workplace policies on harassment extend to social events and making it clear to all employees that acceptable conduct must be maintained at all times, whether in the office or during festive gatherings.

The Gregg Wallace Allegations

Recently, allegations against TV personality Gregg Wallace have shed light on the issue of workplace sexual harassment in a high-profile setting. According to reports, Wallace stepped back from a presenting role following claims of inappropriate comments toward a female staff member. This is a stark reminder of the complexities surrounding workplace relationships, power dynamics, and the significant consequences of not addressing inappropriate behaviour.

While Gregg Wallace’s situation does not relate directly to a Christmas party, the alleged conduct highlights similar dynamics often seen at workplace events. Even casual comments, depending on the context and nature, can be considered harassment if they make an individual feel uncomfortable or unsafe. In these cases, it’s not about the intention behind the remark but the effect on the recipient—a principle enshrined in UK employment law.

Employer Responsibilities and Prevention

Partner and Head of Employment Law at Attwells Solicitors, Lloyd Clarke, reminds employers that they have a duty of care to protect employees from harassment and create a safe working environment. This includes providing clear policies and training that help employees understand acceptable behaviours and the consequences of misconduct. At Christmas parties or any other work event, employers should:

• Set Expectations: Remind employees ahead of the event about the expected standards of conduct. Employers can reinforce the message that workplace policies, including those regarding bullying and harassment, still apply.
• Limit Alcohol Consumption: Alcohol is often a key factor in incidents of harassment. Employers may wish to control the availability of alcohol to help reduce the risk of inappropriate behaviour.
• Provide a Reporting Mechanism: Employees should feel empowered to report harassment without fear of retribution. Employers must provide a clear, confidential mechanism for employees to raise concerns.

What to Do If You Experience Harassment

For those who experience sexual harassment, whether at a Christmas party or during regular work activities, it is crucial to know your rights and the steps you can take. Firstly, if you feel comfortable doing so, you can inform the harasser that their behaviour is unwelcome. If the behaviour persists, or if addressing it directly is not an option, make a formal complaint through your company’s grievance procedure.

If an employer fails to adequately address a complaint of harassment, an employee can bring a claim to the Employment Tribunal. Importantly, employees have three months, less than one day from the date of the last incident of harassment, to bring a claim. Documenting incidents with dates, times, and descriptions of what happened can also be vital if you decide to take legal action.

Final Thoughts

Sexual harassment, whether occurring during regular work hours or at festive events like Christmas parties, is a serious issue that employers must address proactively. High-profile cases, such as the allegations against Gregg Wallace, serve as a reminder that harassment can happen in any workplace and that addressing it swiftly and comprehensively is essential to protect employees and maintain a healthy working environment.

As we enter the festive season, it’s crucial for employers and employees to understand their rights and obligations. By fostering an environment of respect and clear expectations, businesses can reduce the risk of harassment, ensuring that everyone can celebrate and enjoy work-related events safely and comfortably.

If you need legal help and support with an employment law matter, please email Lloyd Clarke or call 01206 239761.

If you have been a victim of sexual harassment, please get in touch with Victim Support: https://www.victimsupport.org.uk/