In our recently released ‘banter and behaviour in the workplace’ e-learning course (see below for further details), one of the examples we give of sexual harassment / discrimination is ‘commenting on an individual’s dress or appearance’.
This is one of several examples of sexual harassment quoted in most legal courses and also the CIPD’s legal updates, with numerous complaints, grievances and tribunal claims each year.
Clearly such comments can be made to both sexes but the bulk of grievances and also tribunal cases concern comments made to female colleagues.
Disappointingly, even today there are ‘slam dunk’ cases where a male employee felt it was ok to comment on a female colleague’s legs, breasts, or other parts of their anatomy. Whereas most people know by now that they shouldn’t do this is at work, many are often surprised about the dangers of making less obviously sexist remarks such as commenting on an individual’s dress, or giving what they believe to be a genuine compliment about their appearance.
Training in this area is sadly lacking, or overly legal, and this is one of the reasons we worked with the fabulous e-aspire training consultancy to put together our easy to follow 40-minute animated training course that explains, with examples, where the bar is regarding banter and behaviour at work, along with how to tackle it and ensure a healthy culture. Click on the title below for more information, including a 2 minute demo.
Banter & Behaviour in the Workplace
This new e-learning course describes the various forms of harassment and discrimination in an easy-to-understand format so organisations can appreciate where the bar is at work between acceptable behaviour and that which is likely to lead to a grievance or successful Tribunal claim.
Traditionally it was viewed as good manners to compliment a lady about her dress if they feel she looks nice but, in work at least, it should be avoided. If a complaint is made it is likely to be found to be sexual harassment.
Some may mourn this change in what is acceptable at work but many others, especially career focused female employees, welcome it and believe it to be well overdue. I have heard many very strong retorts to comments about appearance along the lines of ‘what has my dress got to do with my work?’ It’s difficult to give a justifiable answer and may easily lead to a grievance or claim for harassment or discrimination.
In a recent case, a female employee made a tribunal claim for unfair dismissal and also sexual harassment after being made redundant six months after complaining that people had commented about her ‘short’ dress. The tribunal judge has allowed the claim as being potential sexual harassment. We will see how it progresses.
Most claims of this nature are settled before they get to tribunal as organisations tend not to want the negative publicity or legal costs. However, at a cost of several thousand pounds each time you settle it is an expensive alternative to training your staff and encouraging a healthy culture, not to mention other issues such as negative publicity, staff turnover, poor morale …….
In order to try and avoid complaints, grievances or tribunals for discrimination, harassment or bullying, employers really do need to train their employees on these behaviours and it is quite easy and inexpensive to do so in a way that keeps the organisation’s healthy culture rather than leading to a sterile environment where people think they can’t have a laugh at work. They can – they just need to know where the bar is.
Take a look at our course above and see what you think. It really is quite unique, and if you have queries about the training or any other hr issues please do not hesitate to contact us.