New guidance on sexual harassment from the EOC

On 29 August 2001 the Equal Opportunities Commission issued new guidance on the elimination of sexual harassment as part of a package of measures.

The package includes a Good Practice Guide for Employers on "Dealing with Sexual Harassment", advice online on the EOC's website and a guidance leaflet for workers called "What would you do if your boss asked for a blow job?".

The new employers guide emphasises the EOC's recommendations that employers: (1) adopt a clear policy that sexual harassment will not be tolerated in the workplace; (2) spell out to employees what kinds of behaviour are unacceptable; (3) make sure victims know how to raise concerns and feel confident in doing so; and (4) investigate problems and take firm action to stamp out harassment when it occurs.

Copies of all these materials are available online by click/pasting on the following link: www.eoc.org.uk and in hard copy from the EOC.

The EOC's headline grabbing advice should be followed. Surprisingly, the advice makes no mention of the increasing role of criminal law in this area. As mentioned in a previous LawNow, two workers have been jailed for 12 and 18 months respectively for indecent assault. Last week an Army Court Martial sentenced a colonel to 28 days in jail followed by dishonourable discharge for a drunken but minor sexual assault on a young female private soldier.

The message is clear: employers must discipline managers who sexually harass subordinates. If they do not, they face expensive claims by harassed staff.

If you require more information about the new guides, or have any other queries on sexual harassment issues, please contact Simon Jeffreys on +44(0)20 7367 3421 or by e-mail at [email protected] or Anthony Fincham on +44 (0)20 7367 2783 or by e-mail at [email protected].