Your client will need to take robust action here, both in terms of the comment made, and in preventative action to ensure this does not happen again. According to recent case law, using this term towards a man can be deemed as harassment related to the persons sex (which is prohibited under the Equality Act 2010 when connected to an individual’s protected characteristic, such as their race or age). Harassment occurs where behaviour is unwanted, such as where the comment is unwelcomed and uninvited, and has the effect of creating a degrading and humiliating environment for the individual. Should the electrician wish to pursue this matter, there is the potential for a successful claim.
What actions can the employer take?
In relation to this specific incident, a thorough investigation will need to take place involving all of the parties involved. The context of the comment, previous use of this language and the actions of both parties after (for example, was this inappropriateness of this comment pointed out, and was it repeated) all need to be looked into.
Should the investigation find that this comment was made deliberately to cause offence, or with no regard to the impact it may have, there may be grounds for disciplinary action for the colleague for this matter. Even if the colleague claims this was only ‘banter’, and they did not anticipate this being taken seriously, disciplinary may still be appropriate, as this is not an excuse for discriminatory behaviour. Focused training for the individual on what is, and is not, appropriate for a work environment will be needed either way to ensure they understand the seriousness of their actions.
To minimise the risk of future claims, your client should pro-actively take reasonable steps to prevent harassment occurring in the first place. This can be done by having equality policies; communicating a zero-tolerance stance against any form of bullying, discrimination and harassment; introducing robust channels to report allegations, which employees are aware of; training managers on how to effectively respond to allegations; treating allegations seriously and investigating them fully; and taking appropriate action against any perpetrators.
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