On the handbag.com 'Your Stories' section, a hairdresser tells how a former boss 'took great delight in putting me in difficult situations and watching me squirm. He tried it on with me in the staff room, more than a few times.' The victim was finally driven to leave her job – with feelings of bitterness rather than with the glowing reference she deserved.
This kind of behaviour in the workplace is very common. What would you do if your boss demanded sexual favours in return for promotion? How would you feel if a colleague kept emailing offensive photographs? What if a team member persisted in touching you inappropriately?
Many people believe that they have to put up with this kind of behaviour or leave. But the law is on our side. We don't have to tolerate sexual harassment – there is something you can do about it.
What is sexual harassment?
Sexual harassment can be verbal - lewd remarks, nicknames, asking personal questions - non-verbal - involving pornographic photos, whistling, leering - or physical - leaning over someone, brushing against them, pinching or even sexual assault. In all cases the attention is not asked for, is not welcome and the recipient feels humiliated. Often the harassment may be disguised by jokes or teasing, but it always feels threatening to those on the receiving end.
It is possible for harassers to be unaware of the effects of their behaviour; they may genuinely believe that they're just being friendly or funny. But the important point is how the recipient feels about what is being done – not the intentions of the person doing the harassment.
The law on harassment
The law regards harassment as unfair discrimination. This means that you have the right to take action and even legal proceedings, if you are being harassed at work on the grounds of your sex. What's more, employers who fail to prevent sexual harassment or to deal with serious incidents could be in breach of health and safety legislation.
UK law and European directives all emphasise that employers are liable, even if they're unaware that harassment is taking place. The only way for your employer to avoid liability is to take all reasonable steps to prevent and deal with incidents of sexual harassment. The important point is that employers are liable for the actions of their employees in the course of their employment – even if the harassment occurs without the employer's knowledge.
Your employer is not allowed to penalise you for complaining about harassment or for bringing legal proceedings. And if you're forced to resign because working conditions have become intolerable, you may be able to claim damages from your employer on the grounds of 'constructive dismissal'.
What can you do?
If you're being harassed, your first task is to find out if your organisation has a policy for dealing with cases of sexual harassment. If it has, simply follow the steps outlined in the formal process.
However, it may be that there is no clear procedure, or that you can't follow it because the person doing the harassment is actually your line manager. If this is the case, the correct course of action to take is to report the behaviour to another manager and/or the most senior person in the organisation. You may also consider speaking to a solicitor if the harassment is serious.
There are many things you can do in the first instance to give the person a clear opportunity to stop the inappropriate behaviour:
Speak directly to the alleged harasser, outlining what is happening and why it isn't acceptable Put your concerns in writing to the alleged harasser Ask a colleague or manager to speak to the alleged harasser on your behalf
In many instances this informal approach may be enough to nip the problem in the bud. However, just in case the harassment continues, it's wise to keep a diary of the unacceptable behaviour, and any contact you have with the perpetrator. Be sure to keep copies of letters you send to the person concerned and any replies you receive.
If this approach fails to change things, the next step is for you to make a formal complaint. Your employer has a responsibility to hold an investigation, take appropriate disciplinary action against the harasser and to inform you of the outcome. You should not be penalised in any way for making a complaint.
But what if you've done all this and your employer is not taking your complaint seriously or the harassment continues? You'll then need to consider taking your case to an employment tribunal.
Don't remain silent
Many victims feel reluctant to talk about incidents of harassment. They may feel that complaining will only make things worse, that they will look ridiculous, or that it's their fault. The trouble is that anyone who makes a complaint has to have a certain amount of confidence - and confidence is precisely what harassment destroys.
Remember, bullies thrive because they make their victim feel guilty, worthless or inadequate. If you don't fight back, the harassment may continue and there may be other victims too. It's not your fault you are being harassed – and it's your basic human right to be treated with respect when you go to work. Good luck!
