Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Equality, diversity and inclusionBullying and harassment

Weekly dilemma – Harassment

by Personnel Today 8 Oct 2007
by Personnel Today 8 Oct 2007

One of our employees has just bought the latest mobile phone, and has been showing it off around the office. He has downloaded a number of ring tones with obscene lyrics – some of which are of a sexually explicit nature. While I do not wish to appear old fashioned, I am concerned that these lyrics may cause offence to other employees and clients alike. What should I do?

In an evermore technological environment, employers need to be aware that traditional acts of harassment have been replaced. The age of the Page 3 topless calendar being the epitome of sex discrimination has been replaced by racy mobile phone screensavers and explicit ring tones.

You have a duty to provide a safe working environment free from bullying and harassment. Act now to protect your organisation, employees and clients. Intention is nothing – perception is everything. While your employee probably does not intend to bully or harass anyone, it only takes one person to be offended by the lyrics, and a chain of events could be started that may lead to the grievance procedure being instigated, and employment tribunal proceedings being brought against both your employee and your company.

By law, if an employee or client is the victim of bullying or harassment in the workplace, both the perpetrator and your company may be liable for the payment of damages to the person offended. In certain circumstances (such as assault, or the publication of offensive material), acts of bullying or harassment may also give rise to criminal liability.

The situation alluded to here – initially at least – should be dealt with informally, as your employee is likely to be unaware that their behaviour is unacceptable. If this is successful, no further action should be necessary. However, it may be a good opportunity to update your diversity training to ensure this type of behaviour does not occur again.

If another employee makes a complaint of harassment, you are under a duty to investigate the matter and deal with it as a formal grievance. Action should include a thorough investigation and, if necessary, the appropriate disciplinary action.

Helen Brooks is a specialist employment solicitor at Magrath & Co

Avatar
Personnel Today

previous post
Race equality legal Q&A
next post
Losing sight of human resources development will cost us our place on the board

You may also like

One in five workplaces lack LGBT support policies

30 Jun 2022

Christian doctor loses transgender pronoun case, but beliefs...

29 Jun 2022

MP seeks action on Passport Office’s ‘toxic’ working...

29 Jun 2022

Attracting diverse young talent to the ‘secret’ world...

28 Jun 2022

Gender pay gap ‘won’t close until 2151’

27 Jun 2022

Don’t be gloomy over social mobility in the...

24 Jun 2022

Bias stopping STEM professionals returning after career break

23 Jun 2022

Black, Asian and LGBTQ+ workers ‘overlooked’ at work

20 Jun 2022

UK in urgent need of female tradespeople finds...

17 Jun 2022

CIPD Festival of Work: ‘Businesses will fail if...

16 Jun 2022
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+