Harassment
We approach that time of the year when ordinarily, staff would let their hair down at their annual Christmas party. Whilst the usual highlight of the year may well be a virtual party or Christmas quiz on this occasion, it is still a good opportunity to remind Employers that they owe a duty of care to their employees, even outside of working hours.
Employers could find themselves liable for incidents, such as harassment, that occur during virtual events, regardless of whether they occur during normal working hours.
Harassment can include, but is not limited to:
- Threats or abuse, including banter
- Unwanted sexual advances
- Offensive emails, texts, WhatsApp messages, tweets or comments on social networking sites.
- Physical behaviour including gestures, impersonations or facial expressions
- Exclusion or victimisation.
If an incident occurs outside of normal working hours, Employers should still proceed to deal with Employees in the same way and manner that they would have done had the incident occurred during normal working hours. This should involve carrying out a formal investigation, which may include obtaining witness statements.
It is important for Employers to ensure the safety of all their Employees by implementing appropriate safeguards and procedures, which all employees should adhere to, and training where appropriate. Employers should also note that where events are arranged by third parties on their behalf, an employer does not escape potential liability for any incidents that may occur at such events.
Should you require any advice in respect of matters relating to harassment, including but not limited to the formulation of an appropriately worded company policy, we can provide the same via our Ask HR scheme. Members of the scheme are entitled to advice on day-to-day employee relations issues, as well as bespoke contracts of employment and a compliant staff handbook. Members of our scheme will also receive access to our new and innovative digital HR Portal, HR Genie, at no additional cost.
For further advice, please contact Lianne Payne, Head of Employment at Askews Legal, via email at lianne@askewslegal.co
