Sexual Harassment at the Christmas Party   

Spot Spotlight on health & safety at work & Equal Pay claim   

Sexual Harassment at the Christmas Party

Ding Dong merrily we go to the Company’s Christmas party – what happens when after the party an employee complains that she was sexually harassed by the Managing Director’s son, also an employee?

This is not such an unlikely story. If not the MD’s son it could have been any employee. All employers, especially during the festive period, need to be aware of the potential consequences of their employee’s acts during working hours and any events out of work specifically organised by the Company. If the employer was to do nothing or trivialise such complaints then the employer  is likely to be primarily (or vicariously) liable for the acts of the employee. Just one single event or gesture can give grounds for a claim.

It is, therefore, vital that employers draw up an appropriate harassment policy including not just sexual but also racial harassment. It should ideally also mention the Company’s attitude to bullying and any conduct that has a negative affect on the dignity of a person. Prudent employers take harassment extremely seriously and will not tolerate it.

All complaints must be taken seriously and investigated immediately. Depending on the findings a fair and effective disciplinary procedure followed. If the situation demands it, the alleged offender should be suspended with pay whilst the investigation is conducted.

Draft Harassment Policy from Picasso HR

We can provide you with a draft policy for £50 + VAT. To place an order call on 01473 890037 or email lina.hogg@picassohr.com

Spot Spotlight on health & safety at work & Equal Pay claim

What should an employer do when a worker is not fit for work but insists on coming in as they need the money? If they are temporarily given a job for which they are paid more than their female counter part, is there an equal pay claim issue?

John has recently had a hernia operation and has possibly returned to work before he should have, as he needs the money. He normally works with heavy equipment involving lifting. A week after he returned he injured himself whilst at work by dropping some equipment against the entry wound from his operation. He has had some time off, but possibly not enough. Against his doctor’s orders of taking it easy, he is continuing to work. John’s employer is considering giving him a temporary job in the office carrying out light administrative duties but paying him more than the female administrator already in place.

Q1: What is the employer’s & the employee’s duty under health & safety at work?

Q2: Is there an equal pay issue if they pay John more than the female administrator doing the same job?

A1: Employer and employee’s duty under health & safety

Under the Health and Safety at Work Act 1974 employers have a common law duty to provide a safe system of work and so far as is reasonably practical, ensure the health, safety and welfare at work of all their employees.

Management of Health and Safety at Work Regulations 1992 outlines organisations 'duty of care' for the well-being of employees in the workplace. Employers are obliged to assess the nature and scale of risks to health in their workplace and base their control measures on it. This assessment must include the mental stresses and physical risks to health of each job or occupation.

Moreover, employees have a duty to co-operate with the employer on all matters related to their and other employee’s health and safety at work. Employees also have a duty to notify the employer of any situation that might give rise to danger.

Given this background, the employer must carry out a risk assessment and decide whether John is to be ‘forced’ to take sick leave until he has recovered or there is an alternative option. It would be wise to obtain advice and support from at least an occupational health practitioner, who will assess the John’s medical condition and the job tasks. The employer should whenever possible, consider temporary redeployment after taking advice from the occupational health practitioner.

A2: Is there an equal pay claim issue?

The information in this newsletter is of a general nature and is not a substitute for professional advice. You are recommended to obtain specific professional advice before you take any action.

For further information, advice or assistance on any of the matters raised in this newsletter please contact Picasso HR on 01473 890037.

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