The extent of sexual harassment in work at McDonalds is probably the tip of the iceberg. What to a teenager can seem “a bit of fun”, can be deadly serious when faced with an Employment Tribunal hearing. It is crucially important to create a safe, secure and respectful environment in the workplace.
The challenge
Sexual harassment often goes unreported and yet it can cause significant emotional damage to individuals, undermine commitment and reduce productivity. We will benefit by addressing the causes and creating a positive workplace environment where individuals treat each other with respect. Here are some thoughts on how to do this.
Promoting respect
Inevitably this begins at the top. We may need to take time to examine our own prejudices and reflect how social mores have changed towards women (and men) since we were teenagers. Harassment now engenders more than just men and women but encompasses LBGTQ+. Gender re-assignment and sexual orientation are already specifically part of the Equality Act.
As well as taking the lead, training through workshops can cascade the right attitudes through the organisation or, as with McDonalds, out to franchises. Employer Solutions has many years of experience in running workshops.
Informal warnings
It may be a touch, a careless remark, an unwanted flirt, or a deliberate attempt to “wind someone up”. Small steps can lead to more serious transgressions.
Some employees can “test the water” to see how far they can go. Supervisors need to recognise such behaviour know how to have a word with employees at an early stage. Taking an attitude of zero tolerance to unwanted behaviour helps to stop it at source. It is about communicating expectations respectfully, but firmly.
Appropriate policies
A “Bullying and harassment policy” (strictly it should be an “anti B & H policy!) is a good starting point. The policy should give examples of harassment so employees can understand that they could be harassing others inadvertently, even if they see their behaviour only as “workplace banter”.
The policy should:
- make it easy for employees to raise concerns
- reassure them that their employer will respect their privacy. That is as far as is reasonably possible since those against whom any allegations are made are entitled to know of what they are accused
- confirm that appropriate action(s) will be taken. In practice, actions should support perpetrators as well as “victims” since the former may have emotional problems of their own.
Other relevant policies to consider are Equal Opportunities, Menopause (engendering respect), Attendance (harassment could lead to poor attendance), and Grievance resolution (as an alternative route to a B & H complaint).
Policies, of course, are only effective if properly implemented.
Implementation of appropriate policies
Employer Solutions has concise training workshops, tailored for the diverse work environment, which can offer practical insights into fostering an inclusive workplace. With its decades of experience, Employer Solutions can empower your team and ensure practice reflects your policies.
Attitude to complaints
It is tempting, and possibly easy, to sweep complaints under the carpet. But if the bugs come back to bite the consequences can be serious!
Employees may need anonymity, confidence that there will be no retaliation, and the knowledge that their complaint(s) will be taken seriously. If matters are too close to the Chief Executive than involvement of an outside party would be helpful.
Support victims and perpetrators
Sensitivity, overt fairness, and genuine empathy will help to resolve matters. Investigations need to be prompt, thorough, impartial, and to respect both parties.
If disciplinary action against the perpetrator is appropriate, then he or she may then send the right message to others. Counselling could also be worthy of consideration.
If one employee is to be moved, then it should be the perpetrator. If the victim must be moved instead, then this must not be seen as any form of sanction.
In summary
By promoting a culture of respect, taking early action, having appropriate policies, and taking the right attitudes towards victims, perpetrators and complaints, there is the prospect of ensuring a committed, productive workforce. Sexual harassment has no place at McDonalds, or any other workplace.
Malcolm Martin FCIPD
Author Human Resource Practice
Blogs are for general guidance and are not an authoritative statement of the law.