Sexual harassment is where there is unwanted conduct relating to sex, or of a sexual nature, causing the recipient or witnesses to feel that their dignity has been violated or that it has created an intimidating, humiliating, hostile or degrading environment.
Traditional Valentine’s Day gestures can lead to incidents of sexual harassment in the workplace. For example, an employment tribunal recently found a factory worker was sexually harassed by her manager after a crude comment in her birthday card led her to feeling humiliated. This could just as easily have been a Valentine’s Day card.
Valentine’s Day emails, instant messages, presents or physical gestures can all increase the risk of sexual harassment taking place. Even where the intentions are good, the perception of the person claiming sexual harassment is what’s important. For example, a tribunal has found that an employee was subjected to sexual harassment when colleagues repeatedly tried to set them up with a colleague, which was intended to be good-natured and not purposefully with malice or offense.
To ensure sexual harassment is not occurring in the workplace at any time, employers can take steps to increase awareness and deter staff. One way is to have a clear, well-drafted sexual harassment policy outlining the rules on acceptable and unacceptable conduct within the workplace. The policy should also outline how to make a complaint and give an indication of the consequences of sexually harassing colleagues. Training staff on this would also be good.
In the lead up to Valentine’s Day, and on the day itself, a reminder to employees about what is acceptable can be an effective way of reducing the risk of sexual harassment taking place. Employees can also be told to exchange cards and gifts outside the workplace during personal time.
Not to lose the fun and sentiment of the day, employers can arrange activities to encourage “Galentine’s Day” or similar. This allows for an alternative celebration, whereby employees appreciate workplace friendships. Galentine’s removes the romance of the event, and reduces the risk of harassment. Employees should still be reminded to be respectful and considerate with clear boundaries set, even if they were initiated on a friendship level.
Staff may become distracted on the day, such as by their phones or gossiping. As a result, performance may be negatively impacted, leading to missed targets and lower output. Managers should proactively monitor teams and remind them of rules around these things. Setting aside some time to celebrate can keep employees focused and motivated whilst still feeling appreciated. Allowing flexibility with requests for annual leave and early finishes can further improve morale and contribute towards a positive company culture.
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