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Sexual harassment
Adrian Fryer
Sexual harassment can take several different forms. It can refer to unwanted conduct of a sexual nature. This is what most people understand by the term. Under Equality Act 2010, the term also has a wider meaning. It incorporates unwanted conduct which occurs because a person has either rejected or accepted the sexual advances of another.
Employers need to be aware that unlawful sexual harassment can occur in these wider circumstances as well.
The recent Employment tribunal case of Merriman v Bugibba Independent is an example of this wider application of the term. The Claimant in this case was a doughnut decorator. She alleged that a male colleague had given her a bear hug and touched her bottom at work. After she complained about this incident, the colleague in question made horrible remarks about her calling her a pot washer and swearing at her. The Respondent sided with the male colleague and eventually dismissed the Claimant.
The tribunal found that the Claimant had been sexually harassed. The ‘bear hug’ incident was clearly unwanted conduct of a sexual nature which had as its purpose or effect, violating the Claimant’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her. The actions of her male colleague after she had rebuffed his advances were also sexual harassment – being motivated by her rejecting him.
The Claimant was awarded over £30,000 in compensation.