On 29 August 2001, the Equal Opportunities Commission (EOC) published an analysis of employment tribunal cases concerning sexual harassment, which showed that 90% of complainants who won their cases had lost their jobs or resigned as a direct result of the harassment. At the same time, the EOC published new guidance aimed at encouraging both employers and employees to deal effectively with sexual harassment at the workplace.
In August 2001, the UK's Equal Opportunities Commission highlighted concerns about the experience of people complaining of sexual harassment at work and published new guidance for both employers and employees on dealing effectively with the issue.
On 29 August 2001, the Equal Opportunities Commission (EOC) published an analysis of employment tribunal cases concerning sexual harassment, which showed that 90% of complainants who won their cases had lost their jobs or resigned as a direct result of the harassment. At the same time, the EOC published new guidance aimed at encouraging both employers and employees to deal effectively with sexual harassment at the workplace.
The EOC's report analysed 54 employment tribunal decisions in sex discrimination cases involving sexual harassment between 1998 and 2001. Thirty-four complainants won their cases. Most of those suffering harassment were young women in low paid jobs who had been working for their employer for less than a year - though in three cases the complainant was male. In one-third of cases the harasser was the director or owner of the organisation, and was the complainant's immediate manager in a further one-third of cases. In nearly all cases harassment occurred over a prolonged period: half the complainants had been harassed for over two months, and more than a quarter had put up with harassment for over 12 months before making a complaint. Nearly half of the people who were harassed had not made a formal complaint until they had left their job.
Twenty cases were unsuccessful for a range of reasons, including failure to file a claim within the three-month time limit. Employment tribunals were found to be more likely to dismiss cases where the employee had not made a formal complaint to their employer.
EOC deputy chair Jenny Watson commented: 'Our analysis of employment tribunal cases paints a grim picture, but this is only the tip of the iceberg.' The EOC cites research suggesting that over half of women workers and nearly 10% of men have experienced some form of sexual harassment at work, but that only 5% of those who have are likely to make a formal complaint, and of those who do, only 10% ever get as far as a tribunal hearing.
To help employees to understand their rights the EOC has issued a new leaflet and online advice which emphasise the importance of reporting any harassment as soon as possible. A new EOC good practice guide for employers urges them to:
adopt a clear policy that sexual harassment will not be tolerated in the workplace;
spell out what kinds of behaviour is unacceptable;
make sure victims know how to raise concerns and feel confident in doing so; and
investigate problems and take firm action to stamp out harassment when it occurs.
The Trades Union Congress (TUC) welcomed the EOC's analysis of tribunal cases. TUC general secretary John Monks said in a statement: 'We are concerned that government proposals to introduce charges for tribunals [UK0108142N] will make it harder for victims of sexual harassment to get justice. As this report shows, many victims are exactly the kind of low-paid workers who would find it hard to raise the cash needed to bring a case.'
He added: 'We are also concerned that victims who do not raise cases directly with their employer may be penalised. Particularly in small companies, it can be very hard for victims of sexual harassment to raise their complaint because the person hearing the complaint could well be the harasser.'
Eurofound doporučuje citovat tuto publikaci následujícím způsobem.
Eurofound (2001), New EOC initiatives to combat sexual harassment, article.
