Preventing sexual harassment in small business. How to deal with complaints and demonstrate your dut
Part 2!
In Part 1 of this series we have considered the importance and value in setting up a supportive and anti-harassment culture in the previous blog post, the risks to the business when harassment is identified or a claim is made, along with some ideas and approaches for implementing in the business, through the culture, expectations, policies and training.
We are now going to look at signs of harassment, practical approaches for how to address and prevent issues in your business as well as how to respond to a complaint.
Look out for the signs
Every employer has a duty of care to their employees, including their health, safety and wellbeing at work. Noticing a change in an employees’ behaviour in the office, avoiding social events, increased absenteeism (possibly reported as due to headaches, anxiety, depression or stress), a change of career goals or performance should not go unnoticed or addressed. In the first instance, this should lead to a supportive and impartial discussion with the individual to understand the reasons behind the changes and provide the opportunity for employees to raise concerns over situations in the workplace.
Alternatively, a manager reporting poor performance, lower than expected performance reviews, or increased issues with a particular direct report or colleague which you may be concerned or surprised about. This should be discussed, as this can be a form of control and harassment if the allegations are unfounded.
Prevention is better than cure
Where possible, ensure that at least two people making decisions on individual performance reviews or when making investigations into capability or conduct issues, so it will never be one person controlling a situation, where the business structure allows. Bringing in a consultant can provide and independent view and alternative solution for small businesses.
As the business grows, you may want to consider implementing measures such as a remuneration committee, or management meeting structures so that issues across the business are discussed in an open forum where bias, control, risks and concerns can be addressed openly and fairly. Even in a very small structure this can benefit through bringing up issues between a field team (sales, engineers, or retail) and an office team to improve communication and understanding of roles. Non-executive input or consultants can also add to the transparency and growth of a small business through external ideas and challenges to the current ways of working and future plans.
What should the employer do if a member of staff makes a complaint?
All workers should be encouraged to report allegations of sexual harassment knowing that they will be dealt with confidentially and sensitively. Experiencing sexual harassment is often extremely emotional and distressing for the individual, ensure you allow plenty of time to discuss the complaint in private in order to make reporting such a matter as stress free as possible.
If you do not have a particular anti-harassment policy, you should follow the company grievance procedure (it is a requirement in employment law to have a written grievance policy and procedure). Any grievance policy should allow for reporting outside of your immediate line manager and to a more senior person where appropriate.
As part of the grievance procedure, workers should be allowed to be accompanied by a work colleague or Trade Union representative at meetings involved allegations of sexual harassment. If the employment contract allows, or at your discretion, in situations which are emotionally distressing you may want to allow the worker to be accompanied by a friend or family member.
Ensure the individual is safe from retaliation and taken out of the situation whilst the investigation is underway. The business should also afford the same support to the accused during this time, investigations should be conducted fairly and without judgement.
Managers should be aware that sexual harassment which includes sexual assault or physical threats may be a criminal act and that they may wish to report matters to the police.
Is flirting at work sexual harassment?
No. Of course, this is depending on the situation, individuals involved and level of 'flirting'. Preventing sexual harassment means ensuring a safe and supportive work environment, free from intimidation, insults or aggressive sexual comments and behaviours. The workplace has previously been a primary environment to meet a partner, and that isn’t a bad thing or something to necessarily discourage (dependant on your policies) and neither is a mutual attraction that is pursued outside of the workplace.
The point of raising awareness of unacceptable conduct and addressing sexual harassment, is to prevent and stop unwanted behaviour. Therefore, although flirting is not necessarily professional at work, it isn’t harmful when reciprocated. It is important that people recognise and take the hint when it is not received positively and then stop. Making it clear through training on what is and isn’t acceptable behaviour helps to set the standards in the workplace.
What can small business owners do to root out, and to prevent these incidents happening in the first place?
Employers have a duty to demonstrate they have put in place all reasonable steps to prevent harassment in the workplace. Don’t leave people in doubt of what is expected, creating a culture in which people feel supported and confident to raise complaints and concerns will reduce the risk of incidents happening in the first place.
Put in place a robust policy that clearly articulates the company’s commitment to promoting dignity and respect at work, a code of conduct and an anti-harassment policy. The message should be clear that inappropriate behaviour will not be tolerated and that any form of harassment is unacceptable. There should be clear consequences for unacceptable behaviour if the policy is breached, through the disciplinary process.
All employees should be required to read the policy and sign an acknowledgement to confirm it has been received and understood as evidence for their file. Companies that grow quickly can miss this important step, but having tailored policies written down and clearly communicated sets the tone for the business and helps avoid problems as they grow, in all areas of people management.
Train your staff on this message. Be clear on the behaviours that are prohibited and the different forms that can take, whether verbal, touch, email, other written communications or jokes and banter.
Give your employees a voice, ‘you are in charge of how you think your workplace should be’. Get them involved and let them help build that culture, this creates ownership and then they will take more accountability for being part of what it stands for.
Tackle issues as they are raised, timely and effectively and with a full and fair investigation. Demonstrate you are proactive and take a stand.
Regular performance reviews or employee check in meetings provide an opportunity for consistent communications, employee well being support and an understanding of what is going on in the business.
If an issue has been raised and dealt with, keep it confidential and manage it appropriately but don’t brush it under the carpet, follow up with those involved, offer support, rebuild the team. Also take the opportunity to review as a business the lessons learned, what can you change and improve. Then go back again and review at a later date to make sure what you implemented is working and having an effect.
If you have any questions or concerns regarding harassment or bullying in your business, or you want to ensure this doesn’t become a risk as you grow, call us today to discuss.
If you would like help in growing and managing your team, contact us today to arrange a free consultation on how we can support your business.
Comments