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A survey of professional women representing a wide cross section of Guernsey's business community has revealed that 48 percent had experienced some form of sexual harassment in the workplace. The poll was conducted at "The Sex Debate", hosted by the Women's Development Forum and debated by Mourant Ozannes.
Over 100 women attended the debate, which focused on the "grey area" of sexual harassment and explored the murky waters where office banter can often become bullying or harassment.
In the absence of a specific law protecting against harassment in the workplace, Mourant Ozannes' Guernsey Managing Partner Jessica Roland explained that the line between what is "office banter" and "harassment" hinges not on the intentions of the harasser, but on the perceptions of the person being harassed and the impact of the conduct on that individual. She emphasised that what is harmless and inoffensive to one person may be unwanted and intimidating to another. Context will always be relevant to determining if a particular act or course of conduct constitutes harassment. Also important is the relevant power imbalance of the harasser and the person being harassed.
Only a third of the audience thought they could easily draw the line between office banter and harassment; less than 60 percent knew whether their employer had a policy on sexual harassment and only 43 percent of those that had an office policy on harassment had actually read it, suggesting that employers could do a lot more to educate their workforce about harassment and to ensure that there are clear policies in place to deal with any allegations of workplace harassment.
Senior Associate Rachel Guthrie explained that, "The importance of having up-to-date workplace policies and providing appropriate training in respect of those policies cannot be over-estimated, particularly where the consequences of bullying and harassment in the workplace can lead to unfair or constructive dismissal claims, discrimination complaints or even criminal sanctions. Training and awareness is key in ensuring that the workplace culture is one that does not perpetuate but rather eradicates inappropriate workplace banter and harassment."
In addition to questions related to their direct experience, the women polled were presented with ten workplace scenarios and asked whether they thought they constituted harassment. The responses show just how difficult it is to draw the line. For example, when asked about sending a work colleague sexy underwear as a Secret Santa gift, 49 percent thought it would be deemed sexual harassment, 38 percent thought it would not and 13 percent did not know.
Asked whether posting photos on Facebook of a drunken colleague at the office party might constitute harassment, 52 percent of respondents thought that it probably would.
Senior Associate Carly Parrot argued that social media not only exacerbated harassment in the workplace, but has become an active and very dangerous tool for would-be perpetrators particularly where the boundaries of the "workplace" are no longer physical, but virtual. Those boundaries and what constitutes "in the course of employment" are no longer limited to an employer's physical workplace and combined with an ever-moving standard of what is and is not considered appropriate in the workplace, it is no wonder that both employers and employees are confused about what is expected of them.
Jessica Roland commented that "The main legal remedies available to employees who feel they have been sexually discriminated against or harassed are limited to three months' pay for discrimination and six months' pay unfair or constructive unfair dismissal. When compared to the uncapped damages available in the UK, these remedies may seem inadequate. Moreover, as several participants pointed out in question time, the small size of Guernsey's business community means bringing any employment-related claim could be career-ending. It is no surprise, therefore, that few harassment claims have ever been determined by the Guernsey Employment and Discrimination Tribunal."
For further guidance visit Commerce and Employment's website and view the 'Employment Guide: Bullying and Harassment at Work'.
