Strictly Come Dancing has been in the headlines recently due to allegations of misconduct by professional dancers.
Whilst the BBC has declined to comment on individual cases, and the allegations are not admitted by the professionals involved, this serves as a timely reminder to employers about the duty of care they owe to staff to protect them from workplace harassment and harassment by third parties.
Who is protected?
Whilst some rights in employment law have a qualifying period or are limited to employees only, discrimination and protection from harassment are protected from day 1 of employment and the protection extends to workers as well as employees.
What does the law say?
Protection from harassment is outlined in the Equality Act 2010. Under Section 26 of the Equality Act:
A person (A) harasses another (B) if A engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect of either:
- Violating B’s dignity, or
- Creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
In deciding whether conduct shall be regarded as having the effect referred to above, the following must be taken into account:
- The perception of B.
- The other circumstances of the case.
- Whether it is reasonable for the conduct to have that effect.
The relevant protected characteristics are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.
Harassment need not be a course of conduct, and a single act may amount to harassment until the Equality Act. There is no need for the affected person to make clear that the conduct is unwanted.
It is not necessary for the person to possess the protected characteristic to bring a complaint of harassment, although the behaviour complained of must be related to a protected characteristic.
The law will change this year to reintroduce an obligation on employers to protect their staff from third-party harassment. Under Section 40A of the Equality Act, an employer will be liable if they have failed to take all reasonable steps to prevent a third party from harassing their staff during their employment.
What can I do to protect those who work for me?
Clear policies that outline obligations and expectations are key to dealing with harassment, but the existence of a policy alone will not suffice.
It is important that staff are aware of the policy and employers should encourage them to report any acts of harassment, by colleagues or third parties. Likewise, it is important to notify third parties that harassment of staff is unlawful, will not be tolerated and the consequences of such behaviour, for example by using signage in public areas.
As an employer, it is important to be able to demonstrate that when any complaints of harassment are raised you take action under your policies to investigate and take appropriate action when a complaint is well-founded. Failure to do so will find you far from the ballroom and firmly in the Tribunal.
If you require guidance on any of the above issues or have any other queries in relation to employment or HR law, please contact Anna Harbinson by email at alh@swinburnemaddison.co.uk or alternative, please call us on 0191 384 2441 and ask to speak with one of our employment lawyers.
