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Sexual harassment and boundaries for terminology

Published Aug 10, 2023

A recent tribunal has found that a female employee working in the financial sector was harassed by her male manager through comments that she had been “overtaken by hormones” and she was “frantic and unpredictable.”

In the case, Ms Niccolini won £32,000 in damages as the tribunal ruled the comments were unwanted conduct relating to a protected characteristic which had the purpose or effect of violating her dignity, and created an intimidating, hostile, humiliating, degrading or offensive environment.

The manager’s comments highlight the need to train managers and employees on the boundaries of acceptable comments in the workplace. There will be occasions where similar comments made one day to an employee do not cause offense. But on another day those comments are received differently and cause offense. Employees need to be aware of boundaries and speak up when a line is crossed so the conduct can be quickly stopped.

Learning for employers

•Undertake annual awareness training on harassment and banter. Discuss with your team where the boundaries lie. You can utilise SSG toolbox talks to support with your training. Please do not forget to record attendance each time you deliver a toolbox talk as you may need to refer to this should an issue arise.

•Determine an informal process for employees to flag to colleagues and managers when comments are getting close to the line

•Investigate all claims of harassment and bullying in your workplace and feedback your findings to the employee who raised the concern

•Include harassment, bullying and banter within your induction process so that expectations on appropriate behaviours are established set from the outset

Source: Gavin Parrott