#sexualharassment

24 09 2024

A Warning to Employers: Sexual Harassment | Consensus HR in Herts & Beds

Matthew Chilcott Blog, General @sg1businessclub, #consensus hr, #consensushr, #networkinbeds, #outsourcedemploymentlaw, #sexual discrimination, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

A Warning to Employers: Take Sexual Harassment Seriously or Face Severe Consequences

By Matthew Chilcott, Owner of Consensus HR

As an employer, you have a legal duty under the Equality Act 2010 to prevent sexual harassment in the workplace. Failure to do so could result in severe consequences not just for your employees, but for your business as well. Recent cases have shown that the courts are not hesitant to impose significant penalties on employers who fail in this duty.

Legal Liability Is Real – And It’s Costly:

Sexual harassment at work is not only damaging to employees’ wellbeing, but it also exposes your business to serious legal risks. If an employee experiences unwanted sexual behaviour at work and you, as the employer, have not taken “all reasonable steps” to prevent it, you could be held vicariously liable. This means you could face substantial compensation claims, even if the inappropriate behaviour was perpetrated by another employee, customer, or client.

The Financial Fallout: Recent Cases to Note:

One of the most notable cases in recent years involved a London-based investment bank where a female employee was awarded £2 million in damages for sexual harassment and discrimination. The case centred on the employer’s failure to take appropriate action after the employee reported persistent unwanted advances and inappropriate comments from senior colleagues. The tribunal found that the company had not acted quickly or robustly enough to address her complaints.

In another case, a female employee won £74,000 in compensation after being sexually harassed by her line manager. The tribunal found that the company’s failure to train staff and provide a clear process for reporting harassment played a significant role in its decision to penalise the employer heavily.

These cases send a stark warning: simply having an anti-harassment policy is not enough. You need to actively implement it, ensure it’s understood by all employees, and take immediate, appropriate action when complaints are raised.

A Warning to Employers: Sexual Harassment | Consensus HR in Herts & Beds

Employer Inaction Has Dire Consequences:

Aside from financial penalties, failing to address sexual harassment in the workplace can lead to:

Damage to reputation: Public legal cases can seriously harm your brand and reputation.
Low employee morale: A toxic workplace where harassment is not dealt with effectively can lead to lower productivity and high staff turnover.
Legal costs: Defending a claim in the Employment Tribunal can be incredibly expensive, even if the case doesn’t result in a ruling against you.
Loss of trust and talent: Employers who fail to protect their employees from harassment risk losing valued team members and potential candidates may avoid your business altogether.

What Should Employers Be Doing?

To avoid these outcomes, you must take sexual harassment prevention seriously by:

Having a clear, regularly updated anti-harassment policy that is communicated effectively to all staff.
Providing regular training for both managers and employees on what constitutes sexual harassment and how to report it.
Ensuring that any complaints are investigated immediately and that appropriate action is taken without delay.
Maintaining confidentiality and protecting complainants from retaliation or victimisation.

The Time for Action is Now:

If you haven’t reviewed your policies, provided training, or taken steps to create a culture of respect and zero tolerance towards harassment, now is the time to act. At Consensus HR, we work with businesses to ensure compliance with legal obligations while fostering a positive and supportive workplace environment.

Don’t wait for a tribunal claim to remind you of your responsibilities. Taking proactive steps now will not only safeguard your employees but also protect your business from the devastating consequences of legal action.

If you’re unsure where to start, contact us at Consensus HR, and we can help ensure that your workplace is safe, compliant, and free from harassment.

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23 07 2024

Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Matthew Chilcott Blog, Employment Law, General @sg1businessclub, #bedfordshirebusiness, #consensus hr, #consensushr, #hertfordshirebusinesses, #HRAdvice, #HRSupport, #networkinbeds, #sexual discrimination, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, Small Business, SME, SME's, stevenage

The Equality and Human Rights Commission (EHRC) has released updated guidance on the new sexual harassment legislation, which takes effect on October 26, 2024. This new guidance introduces a mandatory duty for employers to take “reasonable steps” to prevent sexual harassment in the workplace. Key points include:

1. Preventative Duty:

Employers must actively prevent sexual harassment by their own employees as well as third parties, such as clients and customers. This duty does not extend to other forms of harassment or discrimination under the Equality Act 2010 (Clyde & Co) (DLA Piper).

2. Enforcement and Compensation:

If an employer fails to meet this preventative duty, they could face enforcement actions by the EHRC. Additionally, employment tribunals can increase compensation by up to 25% in successful sexual harassment claims where the employer is found to have breached this duty (Equality and Human Rights Commission) (DLA Piper).

3. Reasonable Steps:

What constitutes “reasonable steps” will vary depending on the size and resources of the employer. Steps may include conducting risk assessments, updating policies, training employees, and implementing effective reporting mechanisms (Equality and Human Rights Commission)

4. Consultation:

The EHRC is currently seeking feedback on the updated guidance, with the consultation period running until August 6, 2024 (DLA Piper).

Our HR comment:

Our Comments: – Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “We have written a number of blogs on this subject which can be seen below, and Employers are advised to proactively assess risks and implement measures to prevent sexual harassment, ensuring compliance with the new legal requirements by the October 2024 deadline whilst ensuring behaviours within their companies and its culture follows best practice and the law.”

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09 11 2023

Teen wins victimisation case after sexual harassment | Consensus HR | Herts, Beds

Matthew Chilcott General #bedfordshirebusinesses, #sexual harassment, #sexualharassment, #stevea, bedford, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

Aliyah Tariq, a 16-year-old schoolgirl who represented herself at an employment tribunal, has become one of the youngest people to win a victimisation case in Britain. She was sacked by New York Diner in Manchester after complaining about sexual harassment. Tariq claimed that a chef repeatedly suggested that she perform a sex act on him. The restaurant presented a fabricated document to the tribunal, that Tariq appeared to have signed, stating that “no sexual harassment took place at New York Diner,” but the judge agreed with Tariq’s claim. She was awarded over £18,000. Tariq confided in a former employee about the sexual harassment incidents. The tribunal ruled that Tariq was victimised by the restaurant’s director and manager, who sacked her when it became clear she wouldn’t let them forget about the harassment.

The Times

Our HR comment: – Teen wins victimisation case after sexual harassment | Consensus HR | Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is another interesting case about sexual harassment in the workplace and again demonstrates that business owners / managers need to fully investigate any such claims with the individual concerned and take the appropriate action following the ACAS Code of Practice so as to be able to demonstrate that they have acted as a reasonable employer or they will face the penalties and awards as in this case £18,000. At Consensus HR we support and advise all our clients on best practice and the law in all scenarios so that incidences such as these should they happen are dealt with correctly, to the law, best practice and for the benefit of the team, business, and business reputation.”

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If you would like to have a non-obligatory conversation with us about how we can help you and your business in the world of HR and Management and prevent such incidences from happening, give us a call now – 01438 576750. Consensus HR | Helping companies take the pain out of managing people, whilst preventing people problems.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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Early years specialist awarded £800k pay-out following unfair treatment | Consensus HR | Herts, Beds

10 10 2023

Lidl worker awarded £50,000 in sexual harassment case | Consensus HR – Herts, Beds.

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Handbook #bedfordshirebusinesses, #hertfordshirebusinesses, #outsourcing, #sexual harassment, #sexualharassment, bedfordshire, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

A tribunal has ruled in favour of Maddie Hunter, a former teenage assistant at a Lidl supermarket in Oxfordshire who was sexually harassed by the store’s deputy manager. Hunter was subjected to inappropriate comments and advances, and when she complained, she was told to treat it as a compliment. The tribunal found that the supermarket chain did not take her complaints seriously and allowed a culture of harassment to persist. Hunter has been awarded £50,000 in compensation for sexual harassment and constructive dismissal. The judge acknowledged that the deputy manager did not intend to cause offense but highlighted the unchecked culture of harassment in the store.

The Times

Our HR advice / comment: Lidl worker awarded £50,000 in sexual harassment case | Consensus HR – Herts, Beds.

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Well, this is a sexual harassment case that has resulted in a £50,000 award to an employee in a company that allowed a culture of sexual harassment to persist! At Consensus HR, we are continually writing blogs about sexual harassment and business owners / Managers, or any member of the team need to understand that nobody comes to work or anywhere to be treated inappropriately. The days of inappropriate comments and advances have well gone and whether they should have ever been allowed is a major topic of conversation. This is where we at Consensus HR say to all our clients it is vital that you have the correct employee Contract and Handbook in place so that Policies and Procedures to best practice and the law are easily accessible whilst also ensuring that they are actively practiced and managed in the culture of the company and not just left on the shelf. Poor cultures within companies affects not only the members of the team but also the overall success of the business and throughout my career front and back of house, I have never expected anything less.”

Here are a few of our previous blogs written on the subject:

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If you company is unsure of how to put into place the best HR Policies & Procedures to help get a culture where members of the team wish to work whilst becoming an employer of choice, contact us now.

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Rayner says workers will get rights from day one under Labour | Consensus HR, Herts, Beds.

31 07 2023

Former Barclays director loses employment lawsuit | Consensus HR, Herts, Beds

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General #outsourcedhumanresources, #sexual harassment, #sexualharassment, Business, Business Owners, hertfordshire, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's, stevenage

A former Barclays director, Robert Record, has lost an employment lawsuit against the bank in which he sought nearly £600,000 in compensation. Record, who was dismissed for gross misconduct, argued that his female colleagues fabricated allegations against him and that his dismissal was unfair. However, his claims of unfair dismissal, breach of contract, and sex discrimination were rejected by the London tribunal. The tribunal stated that Record’s dismissal was fair based on disciplinary findings, including “unwelcome physical contact with a female colleague” and sexual harassment. Record had sued Barclays for lost earnings, deferred bonuses, pension benefits, and injury to feelings. The former director’s lawyer and Barclays have not yet commented on the ruling.

Reuters

Our HR Comment: – Former Barclays director loses employment lawsuit.

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is an interesting case of a senior member of the management team at a well-known bank and demonstrates that regardless of your position within a company, if the ACAS process has been followed correctly and a thorough investigation taken, unacceptable behaviour / misconduct of any type will not be accepted regardless that you may be a director!”

If you wish to know how to manage correctly and to best practice and the law, give us a call now.

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Sexual Harassment in the workplace. How do you deal with it? Update from Consensus HR, outsourced HR solutions. Herts, Beds, Cambs. Give us a call now if you wish to discuss.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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18 07 2023

McDonald’s workers speak out over sexual abuse claims

Matthew Chilcott Employment Law, General, Training & Development #outsourcedhumanresources, #outsourcing, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

A toxic culture of sexual assault, harassment, racism and bullying has been alleged by more than 100 current and recent UK staff at outlets of the fast-food chain McDonald’s.

The BBC was told that workers, some as young as 17, are being groped and harassed almost routinely.

The UK equality watchdog said it was “concerned” by the BBC’s findings and is launching a new email hotline.

McDonald’s said it had “fallen short” and it “deeply apologised”.

It added that all employees deserved to work in a safe, respectful and inclusive workplace.

The BBC began investigating working conditions at McDonald’s in February, after the company signed a legally binding agreement with the Equality and Human Rights Commission (EHRC) in which it pledged to protect its staff from sexual harassment.

At the time, McDonald’s insisted: “We already have a strong track record in this area.”

But our investigation has revealed a very different picture.

Over a five-month period, we reached out to McDonald’s workers to ask about their experiences of working there. Of the more than 100 allegations from employees we spoke to, 31 related to sexual assault, and 78 related to sexual harassment.

We also heard 18 allegations of racism, while six people made allegations of homophobia.

Warning – this article contains distressing content

To read the full BBC story click here

Our HR Comment: McDonald’s workers speak out over sexual abuse claims

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “What is going on? Just opened the BBC internet to see the news for the day and seen this article involving Mc Donald’s, a restaurant chain that I believed were an employer of choice following stories in the past. However, reading this article it is very much the opposite. Many areas of the Equality Act 2010 are included, and the HR and Operations teams have a lot to deal with and put right based on this article. Nobody goes to work to be mistreated in any way and business owners / managers need to ensure that the correct Policies and Procedures and development is in place to ensure the correct attitudes and behaviours are present at all times. Many years ago when I worked for Welcome Break UK within Operations as Operations Manager and HR, within fast footfall catering / retail we never experienced this kind of behaviour and Mc Donald’s needs to get its management to manage appropriately and respectfully now and ensure that all the team are adequately trained / developed in all aspects of the Equality Act 2010 and anybody that does not adhere to any laws and best practice have the appropriate action taken against them regardless of their position within the company!””

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Equality in the Workplace. If you are experience problems contact us now. Update from Consensus HR, expert outsourced HR services. Herts, Beds, Cambs Give us a call now if you wish to discuss.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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22 05 2023

Sexual Harassment at Work

Matthew Chilcott Blog, Disciplinary & Grievance, Employment Law, General, Health & Safety #outsourcedhumanresources, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

New research shows that 2 in 3 young women have experienced sexual harassment, bullying or verbal abuse at work.

TUC (Trades Union Congress) findings published 12 May 2023 also state that 43% of women have experienced at least three incidents of sexual harassment. Sadly, most victims don’t report it for fear of not being believed, or damaging their working relationships and career prospects.

Whilst most sexual harassment victims are female, it is important to note that one in ten complaints of sexual harassment in the workplace are from men. (The Diversity Dashboard.)

What kind of behaviour constitutes sexual harassment at work?

In simple terms, sexual harassment is unwanted behaviour by anyone in the workplace of a sexual nature against you.

This harassment can be verbal or non-verbal and may make you feel intimidated or uncomfortable and an individual does not have needed to object to a person’s behaviour for it to be considered unwanted.

Examples include:

Sexual comments or jokes – in person or via email
Inappropriate touching, such as pinching, patting or hugging
Unwelcome sexual advances or other forms of sexual assault
Staring in a sexually suggestive manner or wolf whistling
Displaying images of a sexual nature – for example, a colleague may put up a topless calendar or picture, which you find offensive
Being treated less favourably as a result of rejecting any such conduct

The Equality and Human Rights Commission describes sexual harassment:

“Sexual harassment occurs when a person engages in 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 them.”

Sexual harassment is unlawful under the Equality Act 2010.

Anyone who experiences sexual harassment at work in the UK is protected by Chapter 1, Section 11 of the Equality Act 2010 and can make a claim to an Employment Tribunal (ET) immediately regardless of length of service with awards being uncapped.

“Employers need to ensure they know of any behaviours that may make members of the team feel uncomfortable and take the necessary action,” says Matthew from Consensus HR. “Initially, this may involve telling the individual to stop their behaviour immediately. If they persist, disciplinary action should be taken. All employees need to be fully aware of how they act at work, recognising that what they may see as acceptable behaviour may be felt as degrading or harassing by a colleague.

“Companies need to ensure that the workplace is an enjoyable one for everyone regardless of any personal characteristics such as sex, race, age and/or disability. Employees should not be treated less favourably or involved in behaviour which can be seen as harassment, degrading or uncomfortable. It is up to everyone in the workplace to ensure this happens.”

Every member of staff must understand that unacceptable behaviour will not be tolerated and will be dealt with accordingly. Failure to act results in employers harming the reputation of the company and themselves. They need to remember that failure could result in an Employment Tribunal taking place, with the potential of a large, uncapped award being awarded to the employee.”

Wilko collapses into administration | Consensus HR - Herts, Beds

Would you like to know more about this important topic?

Has your business taken the necessary steps to prevent and deal with sexual harassment in your workplace?

Protect your business and your team members. Talk to the expert team at Consensus HR for honest, practical advice about employment law. Explore the options with an initial discussion, without any cost, pressure or jargon.

Contact us now

If you need support with any area of HR, do not hesitate to contact us now.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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Summer employment issues: a six-point checklist

27 03 2023

Sexual harassment at work: three types of claim

Matthew Chilcott Blog, Employment Law, General #outsourcedhumanresources, #sexual harassment, #sexualharassment, Business, Business Owners, HR, HR Advice, HR Consultant, HR Consultants, HR Support, outsourcedHR, Small Business, SME, SME's

What exactly is a sexual harassment claim in the UK? And, given that claims can be made by men or women, job applicants, employees, apprentices and those working under personal service contracts, how can employers avoid one?

Types of sexual harassment at work

There are three types of sexual harassment at work:

1. Unwanted conduct of a sexual nature

Has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Historically, pictures of naked women in the workplace would be a good example, but the modern day equivalent is sexually explicit jokes by email.

Also, inappropriate touching or comments on a female employee’s chest as previously mentioned in our. blog and resulting in an award of £19,000.00, persistent requests for dates and sexual innuendos have all been found to be sexual harassment.

2. Sex-related harassment,

Is where there is unwanted conduct related to the person’s gender, which – again – has the purpose or effect of violating their dignity or creating an unpleasant environment.

For example, cases have decided that gossip about the paternity of an unborn child can be harassment on grounds of sex, as could hostile comments about childcare arrangements when a female employee has to constantly leave work early to care for her young children.

Even something such as putting materials up on a high shelf where none of the (naturally shorter) female staff can reach them could be viewed as harassment.

3. Rejection.

The third type of sexual harassment is if an employee rejects sexual advances or submits to them, and is then treated less favourably by the harasser.

“All of the above situations are extremely serious and employers must make sure that they manage the people and processes involved professionally, legally and sensitively,” says Matthew Pinto-Chilcott of Consensus HR. “in particular, appropriate disciplinary and grievance procedures should be in place.”

To discuss your own company’s responsibilities in a potential sexual harassment situation, contact Matthew via [email protected] or call 01438 476750 to speak to a member of the team

Contact us now

If you want to always keep up with employment law and wish to know more please get in contact now.

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

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