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Racist... Sexist... what me?

www.hryoucando.co.uk

HR you can do The home of

D.I.Y. HR

Racist... Sexist... what me? The Law

In the Equality Act 2010 harassment is defined as:

‘unwanted conduct related to a relevant protected characteristic, which has the purpose or

effect of violating an individual’s dignity or creating an intimidating, hostile, degrading,

humiliating or offensive environment for that individual’.

In layman’s terms

In short, that banter in the office... the mickey-taking... the nicknames you give people... that

pat on the bum... the swearing... the insults that are said with a smile... any one of these

could land you in trouble if you’re not careful.

Who decides?

Contrary to popular belief, what is important (and what would be the only thing of interest at

a tribunal) is how the ‘victim’ views these acts and words.

Saying ‘I didn’t mean it like that’ or, ‘it was only a joke...’ after the event will not mean

anything in a court of law, and someone pleading ignorant of the fact they were being racist,

or sexist, or ageist or otherwise harassing will not help them either.

Examples

Harassment involves an inappropriate abuse of power. It can be as extreme as physical

violence, and as subtle as simply ignoring someone.

Examples include: unwanted physical contact unwelcome remarks about a person’s age, dress, appearance, race or marital status,

jokes at personal expense, offensive language, gossip, slander, sectarian songs and

letters

posters, graffiti, obscene gestures, flags, bunting and emblems

isolation or non-cooperation and exclusion from social activities

coercion for sexual favours

pressure to participate in political or religious groups

personal intrusion from pestering, spying and stalking

failure to safeguard confidential information

shouting and bawling

setting impossible deadlines

persistent unwarranted criticism

personal insults.

Does any of this sound familiar?

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Damaging consequences

People who experience bullying or harassment are more likely:

to be depressed and anxious

to be less satisfied with their work

to have a low opinion of their management or business leaders

to want to leave their employer

Your responsibilities

As an employer you have a duty of care towards all your employees, this includes protecting

them from harassment and bullying in the workplace.

You should ideally already have (or be ready to introduce) a policy on bullying and

harassment – you will find one on the DOWNLOADS page of this website. This policy

should be communicated to all employees, and they should be made aware of your

commitment to promoting dignity and respect at work, and your zero tolerance of bullying

and harassment.

The best way to put it across to your employees is to tell them to view their behaviour

through the eyes of the other person, to put themselves in their shoes.

If in doubt, leave it out.

Employees have responsibilities too

Employees should play their part in making your policy against bullying and harassment a

reality, and be prepared to challenge and report inappropriate behaviour.

Individual employees can and will also be held accountable if taken to court for harassment.

They can be held personally liable to pay compensation, and they can be prosecuted under

criminal as well as civil law.

Tribunal awards – some scary figures

September 2011 - £290,000

A BT telesales worker who was sexually harassed by her manager.

December 2011 - £4.5m

A former NHS doctor was awarded one of the largest ever discrimination payouts after she

was subjected to a sustained campaign of sex and race discrimination.

Final note

If you or any of your employees are currently behaving in an inappropriate manner I would

advise you to stop it now, before it’s too late.