How to handle a sexual harassment complaint fairly
Tools & Resources
Sexual harassment remains a distressing and pervasive issue in workplaces worldwide. Claire Barnett, executive director of UN Women UK, said the prevalence of sexual harassment in the UK is “a human rights crisis” that needs addressing immediately, with the statistics presenting a sobering picture.
According to recent studies, 45% of women and 27% of men reported experiencing sexual harassment at work in 2022. Even more concerning is the research indicating that a staggering 85% of women, upon reporting sexual harassment, feel they were not taken seriously and that their claims were inadequately addressed.
Such numbers highlight the urgent need for employers to address this issue head-on to create a safe environment for all employees. Handling a sexual harassment complaint properly is not just essential for upholding human dignity, but also for preserving mental wellbeing and maintaining a positive work environment. Michelle Hobson, HR services director at Moorepay, discusses the process organisations should undertake to handle such complaints.
Understanding sexual harassment and its signs
Sexual harassment – deemed unlawful under the Equality Act 2010 – can be defined as any unwanted behaviour of a sexual nature that violates someone’s dignity or creates a hostile, intimidating, or offensive work environment. It comes in various forms, from inappropriate verbal comments and suggestive jokes to unwelcome advances and explicit messages. The signs of sexual harassment can be subtle, but it's important to be aware of them.
These signs may include:
- Unwelcome advances: Unwanted physical contact, such as touching, hugging, or kissing, without consent.
- Inappropriate comments: Sexually suggestive comments, jokes, or remarks about an individual's appearance, body, or clothing.
- Sexual coercion: Pressuring an individual into sexual activities in exchange for job benefits or protection from adverse consequences.
- Hostile environment: Creating an atmosphere of discomfort through the display of sexually explicit materials, offensive language, or degrading behaviour.
- Cyber harassment: Sending explicit or offensive messages, images, or videos via digital communication channels.
- Retaliation: Punishing or mistreating an individual for reporting or speaking out against sexual harassment.
Handling a complaint effectively
Clear and consistently applied policies and procedures will underpin an effective response. When a sexual harassment complaint is brought to your attention, it is crucial to respond promptly, compassionately, and effectively.
Here are the steps that should be taken to handle the complaint properly:
1
Listen actively:
When someone comes forward with a complaint, provide a safe and confidential space to share their experience. Listen actively, without interrupting, and validate their feelings.
2
Take immediate action:
Once a complaint is received, take immediate steps to ensure the safety and wellbeing of the complainant. If the complaint involves ongoing harassment, consider temporarily separating the individuals involved to prevent further discomfort.
3
Document everything:
Maintain accurate and detailed records of the complaint, conversations, and actions taken. This documentation is crucial for maintaining transparency and accountability throughout the process.
4
Conduct a thorough investigation:
Investigate the complaint impartially and thoroughly. This might involve interviewing the complainant, the accused, and any potential witnesses. Ensure that the investigation is fair and unbiased.
5
Respect confidentiality:
While transparency is important, respect the privacy and confidentiality of all parties involved. Share information on a need-to-know basis and avoid gossip or unnecessary dissemination of details.
6
Offer support:
Providing support to the complainant is essential. Offer resources such as counselling services or employee assistance programs to help them cope with the emotional impact of the situation.
7
Implement corrective actions:
If the investigation confirms the occurrence of harassment, take appropriate corrective actions. This could range from counselling and training for the offender to more severe measures like suspension or termination, depending on the severity of the offence.
8
Prevent retaliation:
Make it clear that retaliation against the complainant is unacceptable and will be dealt with seriously. Encourage open communication and ensure that the work environment remains safe for all employees.
9
Educate and train:
Prevention is key to addressing sexual harassment. Regularly educate employees about what constitutes harassment, how to report it, and the consequences of such behaviour. Conduct workshops and training sessions to foster a respectful and inclusive workplace culture.
10
Review and learn:
After the complaint has been resolved, take the time to review the handling of the case. Assess what went well and what could be improved for the future. Learning from each case and a willingness to review your policies and procedures are essential for continuous improvement.
Take a zero-tolerance approach
Sexual harassment is a big problem that affects many people at work. Recent statistics show that complaints are not being dealt with properly and this is a wake-up call for employers to make sure they handle these issues fairly.
Not only is it important to treat people with respect and support their mental wellbeing, but also managing sexual harassment in the right way is essential for maintaining a positive work environment. If these problems are ignored, they can cause bigger issues for the whole organisation, and its reputation as an employer.
Organisations should listen carefully and be quick to take action when someone reports a problem. They should investigate thoroughly and educate everyone about what's right and wrong. By keeping a commitment to always learn and improve, workplaces can take important steps to stop sexual harassment. This not only stops unwanted behaviour but also creates a friendly and respectful workplace for everyone.
If you would like to learn more about how your organisation can take an active role in preventing and managing sexual harassment cases in the workplace, Moorepay’s recent webinar offers helpful information and advice on how to challenge and deal with inappropriate behaviour effectively. Click here to watch.
Next steps…
- Find out more about UN Women who are working to make gender equality a reality.
- Get 15% off all HR, health and safety and employment law support with Croner.
- Check out our tools and resources Bundle to make it easier for you to understand equality, diversity and inclusion.