Employment and Labor Law

Monica Atwal comments in Metro on ‘What should you do if you’re sexually harassed at work?’

This article was originally published in Metro.

The last 12 months have seen a monumental cultural change, particularly for women. With the #MeToo movement, people are able to call out sexual abuse and harassment in ways that wouldn’t previously have been possible.

The latest sexist relic to be put under the spotlight was The Presidents Club charity gala, at which ‘hostesses’ were paid £150 for a 10 hour shift – £15 an hour – to be groped, propositioned and flashed at by wealthy, powerful guests at the Dorchester Hotel.

We spoke to Monica Atwal, a managing partner at Clarkslegal law firm (Reading, England), about what constitutes harassment, what you can do if you think you’ve experienced it, and what you can expect the outcome to be.

First of all, what is sexual harassment?

‘Sexual harassment is defined in the Equality Act 2010 as “unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive treatment for them”,’ Ms Atwal said.

‘In practice, this covers a wide range of behaviour – everything from suggestive remarks to unwanted touching, leering, or sharing pornography around the office.’

How common is sexual harassment?

‘According to a recent BBC study, 53% of British women and 20% of British men have been sexually harassed at work or a place of study,’ she said.

‘More than a quarter of people experienced harassment in the form of inappropriate jokes or banter, and nearly one in seven suffered inappropriate touching.’

What are employers doing?

She explained that, in the wake of the Presidents Club scandal, employers need to recognise that they have a responsibility to change their work culture in order to protect employees.

‘Employers need to be aware that they can be held liable for the actions of their employees that engage in sexual harassment,’ Ms Atwal continued.

‘It is a fine line that may seem innocent, but claiming any unwanted conduct was meant as a joke or compliment is not a defence. As a result, many businesses have systems in place to deal with complaints, with an eye to preventing them in the first place.’

Ms Atwal said that this could include:

  • Having anti-harassment and anti-bullying policies in place, and ensuring employees are familiar with it through regular training.
  • Clear procedures in place for employees to report unacceptable behaviour, including through grievance and whistleblowing mechanisms.
  • Properly and robustly investigating any complaints made.
  • Supporting any employee who has made a complaint, including alterations to their work environment if needed.

Read the entire article.

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