Briefcas EMPLOYMENT
What is sexual harassment ?
Sexual harassment is when someone makes unwanted and inappropriate sexual remarks or physical advances towards another individual . To be considered as sexual harassment , the unwanted conduct must have the purpose or effect of violating a person ' s dignity . Sexual harassment is determined by the victim ' s perception ; if the employee feels intimidated , degraded , humiliated or offended , or if the environment becomes hostile to them , it qualifies as sexual harassment . It is worth noting that the workplace extends further than the obvious physical location of the employment . Work parties and work trips are extensions of the workplace , and preventative measures should include these situations . Similarly , communications between colleagues outside the workplace would also be considered as such . A one-off incident can amount to sexual harassment , and conduct can be considered unwanted even if a victim participates in ‘ banter ’. If someone initially tolerates or engages with certain behaviour , it can become sexual harassment if they later decide they are uncomfortable with it .
What preventative actions can employers take ?
As a minimum , employers should have a clear plan as to how they will prevent sexual harassment from occurring in the workplace . This will be different for each practice and could include the following .
A risk assessment
Practices should begin by carrying out a sexual harassment risk assessment to gauge what , and where , preventative measures are needed .
A clear reporting process
Victims of sexual harassment should be able to confidently report incidents of sexual harassment and be assured that their complaints will be handled appropriately . The employer should ensure that managers comply with these processes . Some practices may consider using a reporting system .
How to take action
If you are a victim of , or witness to , sexual harassment , you should raise the incident with your line manager – or another manager to whom you feel comfortable disclosing it – as soon as possible .
The manager may first try to resolve the issue informally , but if this does not provide an effective resolution , you can raise a formal complaint . In this case , the manager would be required to carry out a thorough investigation . This should be done in a way that protects the victim , whose confidentiality should be respected at all times .
It is worth noting , particularly in the case of small practices , that managers have a duty to investigate all grievances in a fair and objective way , even if the grievance relates to themselves .
As with all grievances , the parties involved should be informed of the outcome and the appeals process . It may be decided that further training or disciplinary action is needed .
References
1 Shaw J , Minhas R , Elphick C . Evidence on sexual harassment in the workplace . 2018 . Available from : https :// committees . parliament . uk / writtenevidence / 88372 / pdf [ Accessed 10 October 2024 ].
A clear policy
Practices should have a clear and effective policy for preventing bullying and harassment . Sexual harassment , and its prevention , could be included in this policy or be covered by a standalone policy .
Training and awareness
Managers should be trained how to identify , prevent and report sexual harassment , as well as what to do if they witness it and how to respond to complaints . Managers can then train and raise awareness among other employees . Employees may face harassment from customers or clients , so managers should also be trained to prevent and address harassment by third parties .
Are you a manager ? Contact the BVNA Members Advisory Service ( BMAS ) for advice on how to prevent sexual harassment in your practice .
Or , do you think you might be the victim of sexual harassment ? The team at BMAS can help and have the tools available to support you .
Email BMAS at advisoryservice @ bvna . co . uk .
For advice on employment matters , contact the BVNA Members Advisory Service ( BMAS ) at advisoryservice @ bvna . co . uk .
Volume 39 ( 6 ) • December 2024
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