Partners Employment Lawyers - Sex and the City at Work - #MeToo presentation at The Law Society

Sex and the City at work
Partners Employment Lawyers
Afternoon Update
Thursday 28th November 2019
www.partnerslaw.co.uk
Hina Belitz
02073746546 - 07809694400
All legal work is carried out through Excello Law Limited who are authorised and regulated by the Solicitors Regulation Authority.

Hina Belitz
Hina Belitz is a senior employment lawyer, author and
trainer with over 20 years’ experience building her career
within major City Law firms including DLA Piper, Pinsent
Masons and Dentons before establishing her own practice
in 2006.
Hina acts for a wide range of companies as well as for
international royalty, and UK-based embassies advising on
employment law, strategy and board level decision making.
She also advises senior executives on termination and
settlement agreements.
The most substantial part of her work is with Corporations
advising on law and strategy in areas such as redundancy,
difficult employees, TUPE and corporate re-organisations.
Hina co-authored the ‘Penguin Guide to Employment
Rights’ with preface by Cherie Booth, barrister and wife of
Tony Blair
Hina Belitz - hina@partnerslaw.co.uk 02073746546 - 07809694400

WHAT OUR CORPORATE CLIENTS SAY -
• ‘We appointed Hina and her team to represent us in protracted Employment Tribunal
proceedings involving complex legal issues and a difficult personality. Hina and her team
guided us with great care and focus and her professional consultative style assisted us in
making key strategic decisions. We won the Employment Tribunal claim hands down which
we know deflected much larger threatened proceedings. This was an important case for us
as we were able to publicly demonstrate that we will stand against those who unfairly
challenge us when we have sought only to do the right thing. This was a great victory not
only for the management, but because of the message it sent to everyone in the company.
Hina’s guidance, along with the hard work of her dedicated team, meant we received the
advice, and representation necessary to enabled us to achieve this outcome.’
• NICK WATSON, DIRECTOR, PEARL & COUTTS LTD
• ‘Hina was a most reassuring presence at a difficult time. Everything was clearly explained and she was
most capable in expediting an acceptable outcome. She was easy to speak to and most efficient in dealing
with other parties. I highly recommend her.’ - Head Teacher at a major private school, London
• ‘Thank you so much Hina for all your support and wise counsel. We couldn't have
survived it without you.’ - JK, HR, Major international Children’s Charity
• ‘A special thanks to Hina Belitz for her interesting talk on what we must take into account before
employing someone at any level. She carried us through what could be a “heavy weight” topic with such ease
that we could have listened to her for hours!’
• MARILENA NARBONA, THE ATHENA NETWORK
• ‘I have worked with Hina Belitz on numerous complex employment issues within
our business. We have an open and consultative relationship which ensures risks are
addressed in a consistent manner. This has led to the honesty and openness I rely on
to make key strategic decisions for the business.’
• HEAD OF HUMAN RESOURCES & RECRUITMENT, BUSINESS MONITOR
INTERNATIONAL

• WHAT OUR SENIOR EXECUTIVES CLIENT’S SAY -
• ‘I am grateful to Hina and team for efficiently and tactfully handling my case. I
urgently required expert legal advice and this was expedited. The team's attention
to detail and significant experience were apparent throughout. I wouldn't hesitate
to recommend Partners Employment Lawyers.’ – DL
• ‘I was very nervous and unsure about my situation, however, right from the initial
meeting Hina and her team guided me and managed my expectations in a very
personal and professional manner. They negotiated on my behalf a package which
reflected the situation and was fair so that I can maintain professional
relationships with the firm for the future. A win for both sides. I would happily
recommend Partners Employment Lawyers to anyone.’
• KP, SENIOR EXECUTIVE, CITY OF LONDON
• ‘I recently used Hina Belitz and found Hina & Zahra to be very reliable, informative
and willing to give up her time to answer my emails, calls and questions swiftly.
She also helped me get the outcome I had hoped for. Highly recommend’ – ND
• ‘I found Hina Belitz first class. Hina and her colleague Zahra were so supportive,
extremely responsive and were brilliant at keeping me updated on events. They
care and I would highly recommend them! Superb !!’ –JM
• ‘Hina and Zahra were brilliant. They gave me an outstanding legal service with the
best advice and support. Definitely go to these guys!’ –AT

What have we been up to?

INTERNATIONAL #METOO SEMINAR US/INDIA/UK

THE TIMES NEWSPAPER

Today’s session
#MeToo –
where are we
now?
Legal
regulation of
sexual
harassment
Case studies
and group
discussions

Sexual Harassment
Scandal that rocked Hollywood

Harvey
Weinstein
The #MeToo movement began to spread virally in
October 2017 as a hashtag on social media in an
attempt to demonstrate the widespread prevalence
of sexual assault and harassment, especially in the
workplace.
The Harvey Weinstein revelations in 2017
highlighted a surprising ignorance about an issue
that affects every workplace at some time to some
degree.
So how common is it, why don't more women report
it, what are the risks - and what should be done?

#MeToo Timeline
How far have we come?
&
How far do we need to go?
(https://www.refinery29.com/en-gb/2018/10/213189/me-too-movement-history-timeline-year-Weinstein)
Research commissioned by the BBC - 40% of
women and 18% of men out of 6,206 had
experienced some form of unwanted sexual
harassment in the workplace

• 2006:
Activist Tarana Burke founds the non-profit organisation Just Be Inc., which serves survivors
of sexual harassment and abuse. Burke calls her non-profit's movement “Me Too’’.
• October 6, 2015:
Ashley Judd writes an essay in Variety detailing being sexually harassed by a then-unnamed
media boss in a hotel room, who she now says was Harvey Weinstein.
• July 6, 2016:
Gretchen Carlson files a sexual harassment suit against Fox News head Roger Ailes, setting
off a stream of similar allegations.
• February 19, 2017:
Uber employee Susan Fowler publishes a 3,000 word essay about her “very, very strange”
year at Uber, in which she describes a toxic workplace culture where sexual harassment
and misconduct occurred frequently.
• April 1, 2017:
An explosive New York Times article details five women’s allegations of sexual harassment
and misconduct against Fox News anchor Bill O’Reilly
• October 5, 2017:
Along with other actresses and former Weinstein Company employees, Ashley Judd accuses
Weinstein of sexual harassment — this time, on the record — in Jodi Kantor and Meghan
Twohey's incriminating New York Times story.

• October 12, 2017:
Roy Price, head of Amazon Studios, is suspended from his position after
producer Isa Hackett accuses him of sexual harassment
• October 16, 2017:
The #MeToo hashtag movement is born on Twitter after Alyssa Milano
encourages people to share their stories of sexual harassment and abuse
in order to illustrate the near universality of the problem.
• October 19, 2017:
Repercussions of the #MeToo movement begin to affect many industries.
Lockhart Steele, Vox Media’s editorial director, is fired for sexual
harassment.
• October 29, 2017:
Anthony Rapp tells BuzzFeed News that Kevin Spacey made a sexual
advance at him when he was 14.
• November 8, 2017:
A month before All the Money in the World is set to premiere, director
Ridley Scott reshoots all of Kevin Spacey’s scenes with Christopher
Plummer, erasing Spacey (who played J.P. Getty) from the film.

Four women accuse Roy Moore, the Republican candidate for U.S. Senate in an
Alabama special election, of sexual misconduct in a Washington Post article.
Comedian Louis C.K. is accused by five women of sexual misconduct.
Senator Al Franken is accused of inappropriate groping during a 2006 USO trip by
radio host Leann Tweeden.
The Today Show begins with the announcement that Matt Lauer has been fired by
NBC for sexual misconduct.
• December 4, 2017:
President Donald Trump enthusiastically endorses Roy Moore, the Alabama Senate
candidate accused of sexual misconduct, on Twitter.
Time Magazine names "the Silence Breakers," the men and women who spoke about
their experiences with sexual misconduct, as Person of the Year.

In an L.A. Times op-ed, Dylan Farrow questions why her father, Woody Allen, has
been spared from intense scrutiny by the #MeToo movement. Farrow has long
maintained that Allen sexually assaulted her when she was seven years old.
Women factory workers at Ford go on the record about rampant sexual harassment
at two Chicago plants in a New York Times exposé.
• January 1, 2018:
Time's Up, an initiative spearheaded by 300 women working film, TV, and theatre, is
announced with an open letter in the New York Times and in the Spanish language
newspaper La Opinion. The Time's Up Legal Defence Fund is aimed at supporting the
sexual assault and harassment cases of less-privileged individuals.
• January 7, 2018:
The #MeToo and Time's Up movements are present at the Golden Globe awards.
Actors and actresses participate in a red carpet "blackout" by wearing black gowns
and Time's Up pins.
• January 11, 2018:
Five women accuse James Franco of inappropriate behaviour in an article in the L.A.
Times.

In a New York Times article, Uma Thurman recalls the time Harvey Weinstein
allegedly forced himself on her in a London hotel room.
• May 4, 2018:
Writer Zinzi Clemmons claims that writer Junot Díaz forcibly kissed her at a
workshop.
• May 25, 2018:
Harvey Weinstein turns himself into New York authorities to face rape charges
related to an accusation by Lucia Evans.
• August 6, 2018:
Ronan Farrow releases yet another bombshell piece in The New Yorker, this time
detailing six allegations of sexual misconduct against CBS CEO Les Moonves.
• September 4, 2018:
Los Angeles District Attorney's Office announces that it will not file sexual assault
charges against Kevin Spacey and actor Steven Seagal.
• September 25, 2018:
Bill Cosby is sentenced to three to 10 years in prison for sexual assault.

• October 5, 2018:
One year after his outing in the Times, Harvey Weinstein sits in his New York apartment on
house arrest, awaiting trial for two counts of criminal sexual act in the first degree, two
counts of rape and two counts of predatory sexual assault. He faces a potential life
sentence.
• October 18, 2018:
More than 400 women sue USC, claiming that campus gynecologist Dr. George Tyndall
sexually assaulted them.
Google employees stage a worldwide walkout to protest the handling of sexual misconduct
allegations against senior employees.
Neil deGrasse Tyson is accused of sexual misconduct.
Five male models file a lawsuit in New York federal court alleging sexual assault and
exploitation by photographer Bruce Weber.
• January 3, 2019:
The documentary Surviving R. Kelly begins a six-episode, three-night run on Lifetime. The
reaction online is immediate, prompting new survivors and allegations to come forward
and have a massive impact on public sentiment around the singer.

In conversation with a reporter, Pope Francis acknowledges for the first time the sexual abuse of
some nuns by priests, including the use of nuns as sex slaves.
Musician Ryan Adams is accused of sexual misconduct by multiple women, for behaviour ranging
from emotional abuse to manipulation to graphic texting with an underage fan and aspiring
musician.
R. Kelly is charged with 10 counts of sexual abuse by the Cook County state’s attorney in Chicago.
Three of the alleged survivors were underage. Kelly pleads not guilty.
• March 21, 2019:
Six women accuse Michael H. Steinhardt, a New York billionaire and active philanthropist, of
propositioning them or making sexual requests when they request donations to various charities and
nonprofits.
• May 30, 2019:
R. Kelly is charged in Cook County with 11 new counts for incidents that took place between 2009
and 2011. The charges include aggravated criminal sexual assault against a minor, which can carry a
sentence of up to 30 years in prison.
• July 7, 2019:
Billionaire hedge fund manager Jeffrey Epstein is arrested and charged with sex trafficking in New
York and Florida.

• August 10, 2019:
Jeffrey Epstein dies by suicide in prison while awaiting trial
in New York on sex trafficking and conspiracy charges.
• August 13, 2019:
Nine women tell the Associated Press that opera singer
Plácido Domingo sexually harassed and assaulted them.
• August 13, 2019:
Katy Perry is accused of sexual misconduct by her “Teenage
Dream” music video co-star, Josh Kloss.
Weinstein – 80 Women, 4 decades. Trial 6 January 2020.

And now…
In the wake of #MeToo, a wide range of
employers found themselves scrambling
to respond to allegations of sexual
harassment in their own organisations or
sectors.
We’ve seen that victims of sexual
harassment in the workplace have
undoubtedly been emboldened by the
#MeToo movement. Claims are on the
rise.
#MeToo

Discrimination
and
Harassment at
work
Harassment vs Bullying
What is the difference?
Legal regime for bullying v harassment

Protected Characteristics
Protected Characteristics
• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation
Harassment
• Age
• Disability
• Gender reassignment
• Race Marriage and civil partnership
• Pregnancy and maternity
• Religion or belief
• Sex
• Sexual orientation

The Legal
Regime
There are three definitions of harassment contained in section 26 of
the Equality Act 2010.
General definition
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
(section 26(5)).

Conduct of a sexual nature
A also harasses B if A engages in unwanted conduct of a
sexual nature, and the conduct has the purpose or effect
referred to in the general definition. This is usually referred
to as "sexual harassment".
Less favourable treatment on rejection of or submission
to conduct of a sexual nature
A also harasses B if:
• A or another person engages in unwanted conduct of a
sexual nature or that is related to gender reassignment
or sex.
• The conduct has the purpose or effect referred to in the
general definition.
Because of B's rejection of or submission to the conduct, A
treats B less favourably than A would treat B if B had not
rejected or submitted to the conduct.
The Legal
Regime

•Unwanted conduct – but
how was I to know it was
unwanted until I tried it?
IS THIS SEXUAL
HARASSMENT?

• There is no need for B to have already made it clear that A’s conduct is
unwanted in order for it to constitute harassment. In Insitu Cleaning
Co v Heads [1995] IRLR 4, the employer’s argument that a man could
not know whether his conduct was unwanted until it had been
rejected, failed . The EAT said that would-be harassers cannot be
allowed to “test the water” with impunity to see whether their
conduct was objectionable to potential victims if their conduct is
serious enough to reasonably be considered as harassment.

•She liked it at first, then
just suddenly turned on
me, had a change of
heart. Anyway, it’s just
banter.
IS THIS SEXUAL
HARASSMENT?

• In Smith v Renrod Ltd ET/1400166/15, Miss Smith was employed as a sales executive
in a car dealership and claimed she had been sexually harassed by her manager. She
alleged his behaviour included telling her that he had not heard what she was saying
because he was “thinking about picking you up and fucking you on the desk”,
attempting to kiss her, pestering her about her private life and making speculative
comments about her sex life and relationship with her boyfriend who also worked at
the dealership.
• The tribunal found that there was a culture of sexual banter and sexual behaviour in
the workplace in which both Miss Smith and her manager actively participated. It
concluded that Miss Smith was not shocked by the day-to-day banter between
colleagues and this did not go too far. However, it found that the comments made by
her manager did go too far and the type of personal innuendo and questioning he
engaged in was offensive to her and unwanted conduct.

•It’s not sexual
harassment, we’ve
been in a relationship
for 18 month’s. We
only broke up two days
ago.
IS THIS SEXUAL
HARASSMENT?

• A v Chief Constable of West Midlands Police UKEAT/0313/14, the EAT
upheld a tribunal’s decision that an employee had been sexually
harassed for two days after an 18-month relationship with her work
colleague ended.

•My God! Sexual banter
is the culture in this
place. She’s even joined
in at times. And now
she say’s it’s gone too
far?
IS THIS SEXUAL
HARASSMENT?

Myth : “Banter” is not sexual harassment.
Employment lawyers will often hear as a defence to a sexual
harassment claim that “it was only banter”.
Time and again tribunals have rejected the notion that a
harassment claim can be defended on the basis that sexist remarks
were “only banter”.
• Key case: In Driskel v Peninsula Business Services, the
Employment Appeal Tribunal (EAT) upheld a claim by a female
manager that she had been discriminated against by her head of
department when she was seeking a promotion.
• Remarks from the head of department included that she should
wear a short skirt and see-through blouse showing plenty of
cleavage if she wanted to be successful during a promotion
interview.
• The claim was successful despite the head of department
thinking that his comments were acceptable banter.

•We weren't talking to
her. We just
downloaded some
…pictures. And anyway,
she never complained,
how could she? She
never saw it, see.
IS THIS SEXUAL
HARASSMENT?

• Moonsar v Fiveways Express Transport Ltd UKEAT/0476/04 makes it
clear that the conduct does not have to be directed a t the claimant.
Mrs Moonsar was a data entry clerk who worked evening shifts. On
three occasions she was aware of male colleagues downloading
pornographic images onto computer screens. The claimant had not
been shown the images, and she had not made any complaint at the
time. The tribunal found no discrimination. However, the EAT
substituted a finding of discrimination, holding that this was
treatment which would obviously undermine the claimant’s dignity.

•Well she’s always
making fun of my bald
head, calling me ‘baldi’.
So what if I call her ‘big
tits’. Same thing isn’t it?
IS THIS SEXUAL
HARASSMENT?

• Myth : A single comment that is not repeated cannot
be sexual harassment.
It is well established from case law that a single act can fall within the
definition of unwanted conduct under the Equality Act 2010. For
example, no employment tribunal in the land would have any
sympathy for a harasser who is dismissed after committing a one-off
serious act of sexual misconduct, even if further harassment does not
follow.
• Key case: In Insitu Cleaning Co Ltd and another v Heads, the EAT
upheld a tribunal’s finding that a woman had been sexually
discriminated against when a manager said to her “hiya, big tits”.
• The EAT held that the tribunal was entitled to conclude that the one
incident was sufficiently serious to amount to sexual harassment.

•Well she never
complained about it.
IS THIS SEXUAL
HARASSMENT?

• Myth : It is not sexual harassment if the victim
does not complain.
Employment tribunals recognise that the employee is normally
in an unequal relationship with the harasser, and that it is a
natural reaction not to wish to create further conflict. A lack of
action from the victim can often be attributed to a fear of losing
employment.
• Key case: In Munchkins Restaurant and another v Karmazyn
and others, the EAT upheld a claim that a restaurant manager
sexually harassed four waitresses.
• This was despite the waitresses putting up with the
manager’s conduct over a significant period of time, and even
initiating talk of a sexual nature as a method of coping with
and diffusing his behaviour.

•I only ever
complimented her…
IS THIS SEXUAL
HARASSMENT?

• Myth : A compliment cannot be sexual
harassment.
It is sometimes commented that a man who compliments a
woman on her appearance at work cannot be committing sexual
harassment. While an innocent remark between colleagues who
know each other well is unlikely to constitute harassment,
tribunals will look at the context in which a remark is made. In
many cases, comments about a woman’s appearance will be
deemed to be inappropriate in the workplace.
• Key case: In Urbanska-Kopowska v McIlroy and another t/a
Mac’s Quality Foods, the tribunal awarded £65,000 to a Polish
woman who was sexually harassed by another worker.
• Allegations included that the worker said to her that “she was
his type and he would eventually have her” and that she had a
“nice bottom”.

Myth: A
subordinate
cannot sexually
harass a
manager.
While sexual
harassment often
involves the abuse of
power by a senior
manager over an
employee, there is
nothing to stop an
employee, or a group
of employees, from
being liable for
harassing a manager.
For example, sexual
harassment could
occur where a female
manager is managing
mostly men in a
male-dominated
workplace.
Key case: In Fairbank
v Royal Mail Group
Ltd, the employment
tribunal upheld a
sexual harassment
claim from the only
female manager in a
predominantly male
environment.
The tribunal found
that the male staff
carried out a
campaign of bullying
the female manager,
including one
employee saying to
her that “the only
reason you have got
this job is because
you have tits and a
fanny”.

Purpose ‘But the purpose wasn’t to offend her’

. In Majid v AA Solicitors Ltd (t/a AA Solicitors) and another ET/2409586/13,
Miss Majid was a young woman who was employed in a paralegal position
at AA Solicitors by Mr Ali, the owner of the firm and its sole solicitor. Mr Ali
subjected Miss Majid to a course of sexual harassment which started in her
interview and continued up to and beyond her dismissal. The tribunal found
that, although it was not Mr Ali’s purpose in carrying out these acts to
create an intimidating, degrading or hostile environment for Miss Majid,
that was the effect of his conduct. The EAT dismissed Mr Ali’s appeal,
specifically rejecting his arguments that his unwanted attentions were
merely “gauche and insinuating”. Rather, in the EAT’s judgment, Mr Ali’s
conduct violated Miss Majid’s dignity as a worker and gave the impression
she was employed for his pleasure and gratification rather than to work or
develop her legal skills.

Hypersensitive?
She’s just over-
reacting…
• whether the claimant perceives
themselves to have suffered the
effect in question (the subjective
question); and
• whether it was reasonable for the
conduct to be regarded as having
that effect (the objective
question).

Richmond Pharmacology Ltd v Dhaliwal
- their paths would probably continue to cross, unless D was
"married off in India".
‘Not every racially slanted adverse comment would constitute the
violation of a person's dignity: while it was very important that
employers and tribunals were sensitive to the hurt that could be
caused by [racially] offensive comments or conduct, it was also
important not to encourage a culture of hypersensitivity.’.

Young junior employee and CEO become involved in an affair.
She has only a few month’s service
At a work party, the CEO, discloses that he’s already ‘had her’ pointing to the junior employee amongst the
wider team.
At this moment, the junior employee throws her drink at the CEO. She immediately apologises.
As a result of this, the junior employee suffers with difficulty sleeping and socialising and the
embarrassment drives her to self-harm.
The employer raises performance concerns.
Employee is dismissed.
Case Study: Young people, self-harm
and office affairs

• Equality and Human Rights Commission guidance:
examples of sexual harassment
• A person imitates a sexual act at work that makes a
colleague feel degraded.
• An employer asks one of her workers if the worker is
having sex with his boyfriend, which intimidates and
humiliates him.
• An employer displays a screensaver of a topless woman,
which creates an offensive environment for other
workers.
• A man overhears a female colleague being subjected to
sexually abusive language and this causes him offence.
• A manager puts his hand up his assistant’s skirt during the
office Christmas party.
• An employee has had a relationship with his boss. When
the employee ends the relationship, his boss spreads
rumours about his sexual preferences at work.
EXAMPLES OF SEXUAL HARASSMENT

Bringing a claim Early conciliation
Interim relief
Anonymity and
restrictive
reporting orders
Time limits

Tribunal hearings
Giving evidence
Costs
Remedies
• To compensate for any financial loss the claimant
has suffered because of the harassment
• As compensation for injury to feelings
• In rare cases, for aggravated damages or
exemplary damages (or both)
• To uplift the compensation by up to 25% where

Vicarious liability
Reasonable steps
defence
• Section 109(4) of the
EqA 2010 provides
that:Partners Employment Lawyers

Clean up the use of non-disclosure
agreements (NDAs)/settlement agreements
• NDAs in employment contracts
• NDA use in settlement
agreements
• A chilling effect? The silencing of
victims

Real view from women asked
to sign (NDAs)/settlement
agreements
“Non-disclosure agreements are sometimes used as a threat against
employees. I was told that I must sign a settlement agreement for no money,
or I would be ‘badmouthed’, not given a reference, and my new employer
would be called and told about the harassment claim.”
“The encouragement of signing the settlement agreement was made at the
end of the day whilst I showed clear signs of anxiety, despair and hesitation in
signing all my rights away.”
“Re the non-disclosure agreement, my solicitor […] said in her view [the
employers] were purposely trying to ramp up costs to add pressure on me. It
was costing an amount beyond my means. I had no job. I was ill. […] I had no
choice but to agree to sign.”
• Women and Equalities Committee

An individuals
experience
“I have been asked directly for sex while at work by a superior. I have been
shown a pornographic video and asked for oral sex while at work by a line
manager. I have been stalked by a line manager. I have been verbally
harassed by a pair of male colleagues whose comments were sexually
explicit and concerning the rape of women and intended to cause
intimidation and distress for their personal amusement while at work.
These are some of the most serious experiences but casual chauvinism and
comments about my appearance, sexual desirability, and conversations
that are demeaning or intended to insult women alongside inappropriate
physical contact and inappropriate gaze has been a commonplace
throughout my working life.”
Individual’s story from submission by 38 Degrees
(an organisation which campaigns for fairness, defend rights, promote
peace, preserve the planet and deepen democracy in the UK - claims 1.9
million UK members)

The impact of
workplace sexual
harassment:
individuals’
experiences
“I was absolutely humiliated, I felt deep shame and was treated
horrifically by my own colleagues and employers. I was the only
woman […] in my place of work and when it came to the crunch,
the boys’ club rallied around for each other. Who was I supposed to
go to for help? No-one cared and no-one listened. I was alone.”
“I am deeply traumatised by everything. I do not feel safe ever. […]
I have to wear shoes I can run away in.”
“The impact isn’t mild: it makes women less inclined to speak up as
it draws attention to themselves when they are already the
unwilling recipient of attention. This denies their contribution to
the organisation; it reduces the likelihood of performing well and
so reducing their chance of career progression.”
“The impact is as with most forms of abuse of power: it can leave
people feeling humiliated and scared, but also trapped.”
(Individuals’ stories from submission by NGO Safe Space)

How employers
respond to
complaints of
sexual
harassment:
individuals’
experiences
“I was told ‘I am just jealous, I want more hours, and to shut up and get on
with it.’ I spoke out against them, I got suspended, and I left on the same day,
so I could continue to speak out against them.”
“I talked to my boss about the issue, who told me to stay away from the
individual concerned and block any calls. I was moved to another project. I
asked about reporting the man’s actions to his company, but was told that it
was my word against his, that he would certainly deny it, that it might
damage the relationship between the two companies or put the contract—
multi-million and several years duration—at risk.”
“When I complained informally I was ignored. When I raised a formal
grievance the behaviour of my employer became extremely hostile. […] My
employer had a lengthy grievance procedure that looked impressive on paper,
but the reality was that the aim was not to listen and learn from complaints
but to protect the employer.”
“The issue was not investigated other than asking the Senior Director if he
had done it, then the company officially branding me a liar when the Senior
Director denied it, […] making the continuance of my role untenable.
Women & Equalities Committee

BREAK

Case study
Dismissed for dancing the Macarena
(office parties)

UK senior employee visiting office in India
After the conclusion of a project a boat party is held
Employees enjoyed music, dance and some alcohol
UK senior employee performed the steps of a well-known and established dance which is
culturally normal, like the Macarena in the UK
On her return to the UK, the senior employee was suspended and investigated by UK HR for
unprofessional behaviour, including unwanted conduct towards colleagues
unacceptable behaviour at a work social event

The investigation was not prompted by a concern or complaint raised by anyone present on the boat.
Witness statements were taken and none of the key people directly involved said, even in statements, that the conduct was
in any way unwanted and there was plainly no impact on dignity in the workplace in any way.
The application of anonymity was wrongly applied. Witnesses did not want to be identified and therefore there names were
omitted from the statements.
Witness statements were summarised and full statements were not provided to the employee. Evidence had been "rolled
together’’.
Consideration was not given to cultural differences.

Case study
When infatuation becomes stalking

• In 2013, employee A made a complaint about employee B after a conversation about
hairspray. This complaint was resolved after an informal meeting with HR in 2013.
• In 2015, employee A complained that employee B had followed her by getting on the
same tube train as her.
• Employee B’s response was that this was true, but he got on the tube train because that
was the route he was taking that day to attend a dance class. Employee B made a
complaint that Employee A had made false accusations against him.
• HR investigated the 2015 complaint and concluded that employee A genuinely feels
harassed, but, considering the inconclusive evidence, did not recommend disciplinary
action for either employee A or B. Instead, she recommended that: “both parties make a
conscious effort to not come into any kind of contact with each other”.

• In 2018, HR moved employee A and B to work on the same floor, only three rows apart.
• Employee B went to HR with his concerns about being placed in the same proximity to employee A.
• Employee A and B were reminded that they should not come into contact in communal areas (such as the coffee area
or the lifts) that it would be best for one of them to leave so as to avoid interaction.
• Employee A made complaints to HR about employee B
• Employee B had on a number of occasions arrived in the kitchen when she was there even though there was
another kitchen 2 minutes further away. He chose to use the one closest to her for ease and convenience.
• Employee B endeavoured to clean a mark off the groin of his trousers in her presence.
• Employee B and A were in the office alone together early in the morning, employee B would pass by employee A’s
desk and stop and stare at her without saying anything and would pass by her desk on several occasions.
• Employee B used a microwave above the one she had been using (rather than using one further away from her)
resulting in employee B having to put his arm across her.
• Employee B sacked for gross misconduct due to the microwave incident.

PREVENTING
SEXUAL
HARASSMENT
Monitoring
Zero-
tolerance
workplace
culture
Effective anti-
harassment
policies
Staff training
Reporting
mechanisms
Preventing
victimisation

Make enforcement
processes work
better for employees
Employers’ policies and procedures
It is important to ensure that robust, fair and
effective systems are in place. Even where
policies and practices are in place, these are
unlikely to be effective if they are not supported
by action to uphold the law, training and culture
change.

• Effective measures an employer can consider taking include:
• Investigating the extent of the potential problem in its business. identifying areas of risk
• Creating a workplace culture of zero-tolerance to harassment and where all employees are encouraged to report
inappropriate behaviour
• Having an effective anti-harassment policy that clearly sets out what conduct is unacceptable, the employer’s zero-
tolerance approach to such conduct, how employees can report inappropriate conduct, the process that will be followed
and the support available for victims of harassment and those who report it
• Having effective reporting mechanisms in place and ensuring all employees are aware of them
• Ensuring managers deal with complaints of harassment quickly, effectively and in a sensitive way, that the perpetrators of
harassment are sanctioned, and those who report harassment are protected from victimisation
• Providing anti-harassment training for all employees, given from induction onwards, and specific training for managers in
how to deal with complaints of harassment
• Ensuring third parties such as suppliers and customers are aware of the employer’s zero-tolerance policy to harassment
and that employees are aware that it will take reports of harassment by third parties seriously
• Making it clear to employees that harassment of all those they come into contact with at work will not be tolerated
• Ensuring its policies provide adequate protection and the right to report sexual harassment to all workers
• Requiring settlement agreements in sexual harassment claims to be signed off or reviewed at board level to ensure the
effective monitoring of the number of claims

Key Points
• Put sexual harassment at the top of the agenda
• A one-off incident can amount to harassment: the victim need not have
made the perpetrator aware that the conduct was unwanted.
• Conduct can amount to harassment if it is related to a relevant protected
characteristic. This includes conduct engaged in by reason of a protected
characteristic, and conduct that is related to a protected characteristic
because of the form it takes.
• The Equality Act 2010 protects an employee against harassment based on
someone else's protected characteristic, or based on the perception that
they have a protected characteristic.
• There is no need for a comparator; the claimant does not have to show that
they were, or would have been, treated less favourably than another
person.
• To amount to harassment, A's conduct must have the purpose or effect of
violating B's dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment for B. Where B claims that the conduct
had this effect (although this was not A's purpose), the tribunal must
consider whether it was reasonable for the conduct to have that effect.
• Marriage and civil partnership, and pregnancy and maternity, are not
relevant protected characteristics for harassment purposes. However,
unwanted conduct related to these matters could amount to sex or sexual
orientation harassment.

Thank You
For further information please:
Call us: 020 7374 6546 / 07809694400
Email us: hina@partnerslaw.co.uk
Website – www.partnerslaw.co.uk
All legal work is carried out through Excello Law Limited who are authorised and regulated by the Solicitors Regulation Authority.

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