Harassment in the Workplace
Throughout the pandemic since last March we have been told to be mindful of domestic abuse and to look out for friends and neighbours.
We also hear about people being harassed remotely via social media but are businesses keeping an eye out for harassment in the workplace that can still take place remotely?
A study was recently carried out by the charity Rights of Women which found that a quarter of women suffering sexual harassment at work said this behaviour worsened during last year’s lockdown with almost half saying that sexual harassment was now taking place remotely.
Examples included: someone using numbers from a WhatsApp group set up for work purposes and using that number to harass the individual privately; taking screenshots during online meetings, sharing these with colleagues and making inappropriate comments; using inappropriate emojis and offering to send pictures.
The study also indicated that those being harassed are finding it much harder to seek justice.
As well as the toll this will be taking on the individual, complaints of sexual harassment can lead to loss of productivity, high staff turnover, costly settlements, expensive legal action and individual and company reputational damage.
The risk to the business remains the same whether the harassment is in person or remote. If anything, it may be higher because it is so much easier to evidence online misbehaviour, by using screenshots, voice recordings, text messages or emails.
Sexual harassment and harassment related to a protected characteristic remain prohibited by the Equality Act 2010, and such conduct therefore risks claims for discrimination, constructive dismissal and/or even personal injury for psychological damage. There can also be significant regulatory consequences for employers.
Businesses therefore need to steer through the same employment issues as before even if, in many ways, it is more difficult now in practice. The challenge for HR and Line Managers in identifying and addressing misconduct is amplified with remote working, meaning that issues may go unaddressed until a much later stage, potentially when the stakes have become much higher.
HR should ensure that: -
Employees are aware of the conduct expected of them. It should be made clear to all staff that professional standards of behaviour are required no matter the method of communication. Consider whether it is appropriate to carry out training, particularly for those with management responsibilities and/or now remote teams.
Managers are encouraged to have regular catch ups with their team members and be able to flush out any serious issues arising.
HR and IT policies are up to date to reflect changes in working arrangements, including the rise in remote working and the increased use of technology. Monitoring and data protection policies should not be overlooked and may assist in any internal investigations necessary.
If a complaint is received, it should be handled sensitively, promptly and thoroughly. HR must consider how best to follow a formal process in light of the working conditions at the relevant time. It may be appropriate for investigations, grievance meetings and disciplinary hearings to be held remotely to avoid any delays in dealing with the matter.
HR professionals should be mindful that a virtual process will mean it is harder to ensure confidentiality, and it is easier for these meetings to be secretly recorded. It is best to operate on the basis that this is the case, and behave accordingly.
HR should consider that any investigation could cause additional stress and anxiety so should consider offering to cover the cost of any counselling or support individuals may feel necessary during this time.
The business should also consider training an appropriate individual to become a qualified Mental Health First Aider.
If you have become aware of any situations in your business and require independent advice or support to help you manage the matter or would like some advice on how to get someone trained as a Mental Health First Aider just get in touch at hello@justglobalhr.com