Sexual harassment doesn’t have to come from the opposite sex
Many employers still associate sexual harassment with inappropriate behaviour between men and women. However, a recent Employment Tribunal serves as an important reminder that this is not what the law says.
Sexual harassment can occur regardless of the sex of those involved. It can happen between colleagues of the same sex, between managers and employees, from customers towards staff, or in any other workplace relationship. What matters is not who says it, but whether the conduct is unwanted, sexual in nature, and has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
A recent tribunal highlighted exactly that point after a female HGV driver was awarded more than £19,000 after being subjected to sexually derogatory comments by another female colleague. The colleague repeatedly accused her of using her appearance and performing sexual acts to get what she wanted before later sending a voice note alleging she would “flash” her breasts to get people to do things for her.
The employer investigated the complaint and initially dismissed the colleague responsible. However, that decision was overturned on appeal and replaced with a written warning. When the employee returned to work, the claimant was informed without any meaningful discussion about safeguarding arrangements, leaving her so distressed that she was signed off work with work-related stress.
The Tribunal found that the original comments amounted to sexual harassment and was particularly critical of the employer’s handling of the appeal. It concluded there had been a tendency to minimise the seriousness of the conduct, suggesting there was an underlying perception that harassment between two women was simply workplace conflict rather than sexual harassment. The Tribunal found that, had the conduct involved a man and a woman, it may well have been treated more seriously.
This case is a timely reminder that sexual harassment is judged by the nature and impact of the behaviour, not by the gender of those involved. It also highlights another area where employers can inadvertently create additional legal risk.
Successfully investigating a complaint is only part of the process. Decisions made on appeal, how the outcome is communicated, and what measures are put in place to protect those involved are equally important.
Failing to consider appropriate safeguards when an individual returns to work can undermine confidence in the process and expose the business to further claims.
With the new proactive duty to take reasonable steps to prevent sexual harassment now in force, employers should ensure managers understand that harassment can arise in many different forms and between any individuals in the workplace.
Training should focus on recognising inappropriate behaviour, responding consistently to complaints and avoiding assumptions based on gender or workplace relationships. Just as importantly, where allegations are upheld, employers should consider what practical measures are needed to protect employees and rebuild confidence before individuals return to work together.
The cost of getting this wrong extends well beyond tribunal compensation. Mishandling complaints can lead to sickness absence, damaged morale, reputational harm and significant management time. For SMEs in particular, one poorly handled case can have a lasting impact on both the workforce and the business.
Contact us at enquiries@121hrsolutions.co.uk and we can discuss any further queries you may have on this subject.
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