Is It “Just Banter”? What Constitutes Sexual Harassment?

In the wake of the shocking allegations against MasterChef presenter Gregg Wallace in recent weeks, and with the party season now in full flow (where merriment can often cross the line into misconduct!) we ask what is sexual harassment and when does “lad culture” and “banter” cross the line?

What is sexual harassment?

Sexual harassment means unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading or offensive environment. This could be anything from innuendos or jokes to more extreme acts of a sexual nature, such as groping or making sexual advances.

Many of us will understand that touching a colleague in a sexual manner is completely inappropriate but in fact, any behaviour that makes someone feel uncomfortable, belittled, humiliated or demeaned is unacceptable and does not have to be tolerated. This can include talking about one’s intimate life in the office, talking about sexual preferences or commenting on a colleague’s appearance and clothing, as well as making sexual advances towards a colleague. It can be behaviour that feels almost aggressive and “in your face” but sexual harassment can also be subtle and leave the victim questioning whether they are being overly sensitive.

It has been widely reported that Gregg Wallace made constant inappropriate comments, inappropriate “jokes” and innuendos directed at female staff he worked alongside, as well as guests on the shows that he was hosting, spanning nearly two decades. For years, this type of behaviour has been excused as “just banter” and people complaining about it are often labelled “uptight” or having “no sense of humour” but employees have a right to feel safe and comfortable in their workplace and do not have to put up with this type of toxic behaviour.

It is often very difficult to be the person to stand up to this type of culture, especially when the person or people perpetrating it are well liked or senior members of a team, but it is long overdue that this toxic workplace behaviour is stamped out. It is also important to note that the perpetrators of this type of behaviour are not always male and females can be just as liable. If the behaviour is of a sexual nature whether committed by a male or female, is unwanted, and directed at a colleague, then it is sexual harassment.

With the Preventative Duty now in place requiring employers to take reasonable steps to prevent sexual harassment in the workplace, employers should now be taking positive steps to prevent this type of misconduct from taking place, as well putting in place effective reporting procedures where people feel safe and supported to speak out about sexual harassment. This duty does not just cover the workplace itself. “Workplace” is a broad term that also encompasses office parties, away days and even work drinks.

What should employers be doing?

Employers should now be implementing, if they don’t already have one, a clear and detailed policy that extends beyond the workplace and includes staff working remotely and to work-related social events. It should detail what individuals should do if they have been a victim or witnessed this inappropriate behaviour. Reporting should be encouraged and supported, preferably anonymous and employees should feel confident that any incidents reported will be treated seriously and dealt with quickly and decisively.

Employers, due to the reforms of the Employment Rights Bill, can now also be held liable for third party harassment which means that, depending on the circumstances, in the event that a third party such as a client or customer subjects as an employee of theirs to sexual harassment, and if the employer then failed to take reasonable steps to prevent that harassment from taking place, they can be held liable.

How can we help?

If you are an employee who has been subjected to this type of behaviour and wish to know your rights and what action you can take against your employer, or if you are an employer defending a claim for sexual harassment, FJG can support you. Please contact Hannah or another member of the team on 01245 584523 or complete our online enquiry form.