Weinstein and sexual harassment in the workplace

  The recent allegations against Harvey Weinstein have put the issue of sexual harassment in the work place back in the spotlight.  Victims of sexual harassment are often reluctant to report incidents for fear of retaliation or concerns they will not be believed. If you do find yourself in a situation where an allegation of sexual harassment is made by one employee against another, then we would recommend you take the following steps:

1. Make sure any response is prompt and professional

Any complaint regarding sexual harassment should be investigated promptly and in a professional manner. When carrying out an investigation, you should use this as an opportunity to gather information and evidence. Do not discount the complaint or refuse to investigate because the complaint seems unlikely. The complainant should not be made to feel as though they must “prove” the allegation first. Investigations should be conducted regardless of the identities of the parties involved and their seniority.

2. Provide support to individuals

After a complaint has been made, consideration should be given to how the individual can be supported whilst the investigation is ongoing If the complaint is against another individual in the same team, particularly if it is against the complainant’s line manager, consider temporarily moving them to another team for the duration of the investigation. The complainant should also be kept informed of the progress of the investigation and its ultimate outcome.

3. Train managers and HR staff

The investigation process for sexual harassment complaints will be emotional and personal for the parties involved. Line managers and HR staff should receive training to deal with the issues in an impartial and fair way.

4. Take proactive measures

Employees should also receive training on bullying and harassment in the workplace so that they are aware what behaviour is unacceptable. What may be “office banter” to one person could be highly offensive to another. Where colleagues or managers witness other individuals being subject to harassment, they should not wait for the victim to make a complaint, and should feel free to raise this themselves. It is often difficult for the individual subjected to harassment themselves to make the complaint as they often fear there may be repercussions.

5. Put a policy in place

All organisations should have an anti-bullying and harassment workplace policy setting out the type of behaviour that is prohibited, the consequences of such behaviour and the procedure for making a complaint and conducting an investigation. However, for any policy to be effective, it must have the support of management and it must be shown that all complaints are taken seriously. Contact hina@partnerslaw.co.uk if you would like to discuss in house training, or if you have an issues in the workplace you would like to discuss formally or informally.