Statistically speaking sexual harassment is more of an issue for women in the workplace.  

That said, all employers would be wise to remember that sexual harassment can be perpetrated against women or men.  

Belittling male colleagues and/or objectifying them can create an ‘intimidating, hostile, degrading, humiliating or offensive environment’ (s26 Equality Act) just as it can for female colleagues; the law does not differentiate. 

Key points 

• Sexual harassment claims can be bought by both male and female employees.
• A culture which makes it clear that harassment is not acceptable in any form is the best way to avoid such claims.
• Humour and good relationships are part of any workplace, but they should exist alongside healthy boundaries and sensitivity to others’ feelings and an appreciation of other factors at play e.g. power and gender dynamics. 

The ‘Speedo’ case 

An Employment Tribunal has recently ruled that a school in Ealing pay over £9,000 in compensation to a teaching assistant. He had, he told the tribunal, been subject to ridicule and staffroom banter following comments and innuendos made by the female head teacher.  

The head was alleged to have made comments, over a period of about two years, about this colleague looking great in Speedo swimming trunks. Whilst they were not made directly to the teaching assistant, they were well known, and he was teased regularly because of these comments. 

On many levels, the comments were inadvisable and inappropriate. Similar comments made by a senior male member of staff to a junior female colleague about her swimwear would not have been permitted. 

The Judge ruled that such comments ‘had no place in the modern workplace’. 

Interestingly, the comments only came to light after the teaching assistant was disciplined and then dismissed following an investigation into various misconduct allegations. The last of these was when he claimed to be absent because he was sick with Covid-19 when he was actually on holiday with his girlfriend.   

It would never happen to us…

We can often assume that these cases are nothing more than tabloid stories – especially when they include extensive references to a certain make of swimwear!  

Yes, they might make good headlines, but behind those headlines is an organisation that never dreamt it would happen to them either.  

So, what are the learning points from the case?

• The first one is obvious but worth saying – men can be sexually harassed and bring a claim under the Equality Act 2010. Whilst some might argue that it might feel different for a man and perhaps less physically threatening, it can still create a degrading or threatening or hostile environment.  Your organisation’s policies and training should reiterate this.
• Be aware of the power dynamic – whilst we know in this case that the teaching assistant’s colleagues teased him, it was the head teacher who took the brunt of the blame and claim.  Joking between colleagues who are at a similar level, when it is appropriate and all parties are happy to engage, can, if no boundaries are crossed, be part of a healthy working environment. However, that same joking between senior and more junior members of staff can be more dangerous. The latter might not feel they have the opportunity to respond, or other staff may participate, as they did in this case, following the lead of the senior manager/member of staff. You may want to consider how your management training addresses this – do employees understand the added responsibility once promoted and the need to step away from some conversations they might have had previously when all the parties were on an equal footing? Failing to address this can lead to our next point.
• Inappropriate banter can undermine decisions – the cynical amongst us will note that the teaching assistant only bought a harassment claim once he was progressing through a disciplinary matter. The head’s comments and the joking with others hadn’t seemed to have bothered him prior to this. Whilst that may be true, and the tribunal judge did acknowledge this and reduce his compensation accordingly, the situation remains. By engaging in this 'banter' with a junior member of staff, the head had undermined the trust and confidence in her to carry out a fair investigation into her colleague’s absences and alleged misconduct. 
• Encourage staff to check in with each other – Whilst we have focused above on joking behaviour between senior employees and their junior colleagues, we would reiterate the importance of ensuring any joking or ‘banter’ within an organisation, whoever it is between, is not making anyone feel uncomfortable. Encourage staff to check in with their colleagues when a particular joke keeps being bought back.  ‘Are you ok with this teasing?’, or ‘Do you want us to stop going on about the Speedos?’ are questions that should have been asked of this teaching assistant. Of course, in some cases, the joking and it just needs to stop. However, in cases like this where it’s not so clear, it's important that you encourage an environment where people ask those questions. The head in this case apparently thought her comments were complimentary. Had someone asked the teaching assistant whether he shared that opinion and then shared his view with the head, the school might have saved themselves an expensive visit to the tribunal. 

If you have any questions about this case or would like advice on ensuring that your policies and practices and your work culture is one which does not accept harassment of any kind, please do contact either me or a member of the team.