Sex Harassment Solicitors - Sheffield Employment Claims
SOLICITORS HELPLINE 0345 515 0362
Sexual harassment has been defined as 'unwanted conduct based on sex affecting the dignity of women and men at work'. The test is subjective and it is up to the recipient to decide whether or not the conduct is acceptable and what may be acceptable to one person is not necessarily acceptable to another. If the recipient indicates that the conduct to which they are subjected is not acceptable and that conduct continues then it may be possible to take the matter before the Sheffield Employment Tribunal.
No Specific Legislation
There is no specific sexual harassment legislation and the Sheffield Employment Tribunal must decide these issues using the Sex Discrimination Act 1975, the Employment Rights Act 1996 and the EC Equal Treatment Directive 76/207 however more serious instances of this behaviour can also be an imprisonable criminal offence under the Protection From Harassment Act 1997 and can also lead to a civil claim for damages in the Sheffield County Court.
Unlawful Demands or Behaviour
Potential unlawful behaviour may include demands for sex, sexual favours or sex acts of any description, indecent assault including unwelcome touching on top or under clothing or suggestive behaviour, including indecent exposure or threats of exposure within the work place. In addition more minor acts can be deemed to be sexual harassment including suggestive looks, verbal threats of a sexual nature, indecent suggestions or provocative language and remarking about a persons appearance in an uninvited way. Items which have in the past been deemed to be unacceptable by the Sheffield Employment Tribunal include :-
The Sheffield Employment Tribunal is a public forum and in claims which involve explicit misconduct the tribunal may, at its own discretion, make a 'restricted reporting order' which protects the identity of the person making the claim.
An employer in Sheffield may be held responsible for sexual harassment of one employee by another employee if there is a failure to take action after receipt of a complaint. It is illegal for an employer to ignore a complaint and every employer is required by law to have a policy, which must be brought to the attention of all employees, offering guidance on how to deal with these illegal acts. There is no limit to the amount of compensation that can be awarded in discrimination cases and the Employment Tribunal can make a substantial award for aggravated damages if the behaviour has been particularly offensive.
Equal Opportunities Commission
The Equal Opportunities Commission makes a number of suggestions to employers which are :-
EMPLOYMENT HELPLINE 0345 515 0362