Harassment Quiz: True or False?

1. Harassment only applies to physical conduct.

FALSE.
Harassment is unwanted conduct, and unwanted conduct can take many different forms. For example, spoken words, banter, written words, imagery, gestures, mimicry, jokes or pranks, facial expressions, and even silence can constitute harassment.

2. As long as your conduct is not actually directed at the person, you will not be harassing them.

FALSE.

A person can be a victim of harassment even if they merely overhear comments. 

The classic case in this area involved a group of male employees viewing pornography at work. A female employee saw what they were doing. The behaviour was unwanted and of a sexual nature. It created a hostile environment for her. It was found to be sexual harassment.

3. If someone joins in with banter, then they can’t turn around and claim it’s harassment.

FALSE.

The law understands that victims sometimes give-in to harassing behaviour to avoid escalation or appease their harasser. 

This happened in the case of Munchkins Restaurants v Karmazyn where young female waiting staff participated in sexual banter with the male owner as a coping strategy. They were made to wear short skirts and subjected to talk of a sexual nature by the owner. They sometimes asked the boss questions about his love life as they found this made him easier to handle. 

The fact that the employees had participated in the ‘banter’ did not mean that it was not ‘unwanted’. The employer was found liable for harassment.

Even if you think your conduct is just ‘banter’, it can still be harassment if this is the effect it has on the other person. The fact you didn’t mean it is not an excuse.

TRUE.

Harassment covers situations where the ‘purpose’ of the behaviour is to harass but also where the ‘effect’ is to harass. 

Take the case of Harper v Housing 21.  In this case the claimant complained about the attitude of her line manager towards her Irish Nationality. Her line manager repeatedly likened her to women on ‘My Big Fat Gypsy Wedding’. 

The claimant felt that she was being harassed related to her Irish heritage. The line manager said that the comments were only ‘office banter’ and that she had not meant them maliciously. 

The tribunal held that the line manager’s perception was irrelevant. What mattered was that the comments had the effect of creating an offensive environment for the claimant. The claim for harassment succeeded.

5. It can still be workplace harassment where the conduct takes place outside of the physical workplace.

TRUE.

The ‘workplace’ has a wide meaning. 

Staff socials such as Christmas parties, organised by employers, are seen as an extension of the workplace. Acts of harassment by employees which take place online, or via Whatsapp or social media, are also likely to be covered.

A new duty on all employers to prevent sexual harassment comes into force on 26 October 2024. Employers will be responsible for actively preventing sexual harassment, and it’s important that all leaders understand the legislative changes and expectations.

An employer needs to be able to demonstrate they have taken ‘all reasonable steps‘ to prevent harassment, focusing closely on policies, training and workplace culture.

The  Breathing Space team will run a series of training sessions with our clients on taking all reasonable steps to prevent sexual harassment PLUS a ‘spot the hazards’ exercise. We will make sure the harassment & bullying policy is clear so everyone feels protected and valued.

We are also looking to run a webinar for SMEs to attend.
If you want to know more, email hello@breathingspacehr.co.uk, and we will send you the details.