Myths of sexual harassment at work

There are certain myths in relation to sexual harassment, for example, banter is not sexual harassment and sexual harassment can only be committed by a man. Are these myths reality? Find out more here:

• Myth 1 – ‘Banter’ is not sexual harassment

Time and time again employment lawyers hear as a defence to a sexual harassment claim that it was ‘banter’. Employment tribunals however reject the idea that a claim for sexual harassment can be defended on the basis that ‘it was only banter’. In the case of Driskel v Peninsula Business Services, the Employment Appeal Tribunal (EAT) upheld a claim by a female manager that she had been discriminated against by her head of department. The head of department made remarks which suggested that she should wear short skirts and a see-through blouse showing plenty of cleavage if she wanted to climb her way to the top and become successful during a promotion interview. The head of department claimed that this was only banter, however the tribunal did not accept this and the claim was successful.

• Myth 2 – It can’t be sexual harassment because the victim did not complain

It is long realised by the tribunals that employees are in an unequal relationship with the harasser. The bargaining power between the harasser and the employee is great and it is quite common for the employee to stay quiet in order to prevent further conflict due to a fear of losing their job. In the case of Munchkins Restaurant and another v Karmazyn and others, the EAT upheld a claim that a manager sexually harassed his employees. This was despite the employee’s putting up with the manger’s conduct over a significant period of time.

• Myth 3 – Sexual harassment can only be committed by a man and not a woman

Sexual harassment is stereotypically thought of as a man’s unwanted actions towards a woman. However, a man can bring a claim for sexual harassment against a woman or a man. In the case of Basile v Royal College of General Practitioners and others, the tribunal upheld the claim of sexual harassment where a man had discriminated against another man with sexual comments and gestures.

• Myth 4 – A single comment cannot be sexual harassment if not repeated

It is well established from case law that a single act can fall within the definition of unwanted contact under the Equality Act 2010. No tribunal would have any empathy for a harasser who is dismissed from their job after committing a one-off serious act of sexual misconduct, even if this is not repeated again. In the case of Insitu Cleaning Co Ltd and another v Heads, the EAT upheld the tribunal decision that a woman had been sexually discriminated against when a manager said to her ‘hiya, big tits’. The EAT held that the tribunal was right to consider this one off incident as serious enough to amount to sexual harassment.

• Myth 5 – A compliment cannot be sexual harassment

It could be said that when a man compliments a woman on her appearance at work he is being nice and cannot be committing sexual harassment. An innocent remark between colleagues who know each other well is unlikely to constitute sexual harassment, however a tribunal will always look at the context in which a remark is made. In many cases, comments about a woman’s appearance is deemed to be inappropriate in the workplace. In the case of Urbanska-Kopowska v Mcrolly and another t/a Mac’s Quality Foods, the tribunal awarded a polish woman £65,000 as she was sexually harassed by another worker. Allegations included that the worker said to her that ‘she was his type and he would eventually have her’ and that she had a ‘nice bottom’.