Nockolds Resources

Andy Gray & sexual harrassment in the workplace

The recent media coverage of the dismissal of Andy Gray, the Sky Sports presenter, has sparked numerous debates both in the media and in the workplace. There have been a range of opinions expressed, both about Mr Gray’s behaviour and the response of Sky, but the legal position has not been so clearly voiced.


What is the legal position with respect to inappropriate comments being made in the workplace?
The making of inappropriate comments or acting inappropriately towards another employee may be seen as Harassment. Harassment occurs when an employee is subject to unwanted conduct related to a ‘protected characteristic’ which has the purpose or effect of violating an individual’s dignity, or creating a hostile, degrading or offensive environment for that individual. There are 9 ‘protected characteristics’ under the new Equality Act, one of which is sex

If an employee makes an inappropriate comment on one of the ‘protected’ grounds then a claim can be brought in the Employment Tribunal against the individual who made the comment and the employer. This is because an employer is vicariously liable for all of its employees’ acts in the ‘course of employment’.
Under the new Equality Act the conduct does not have to be directed at the individual who makes a complaint about the conduct. For example (X) makes offensive remarks to (Y) in the presence of (Z). (Z) can bring proceedings on the grounds of Harassment.

Employers should also be aware that they are potentially liable for acts of clients or customers. Under the Equality Act if an employer is aware that an employee has been harassed on at least two occasions and the employer has not taken reasonable steps to address the situation then the employer maybe liable.
What is the process to follow if an employee makes a complaint of Sexual Harassment?
The employer should investigate the complainant’s grievance which may well include suspending the employee against whom the grievance is raised. If a finding of Harassment is made then the employer should follow the Company’s Disciplinary Procedures. Depending on the circumstances of the Harassment the employer may be justified in dismissing the harasser on the grounds of Gross Misconduct.

What can employers do to make sure staff are aware of Sex Discrimination legislation and reduce their liability if a claim is brought against them?
Employers need to ensure that their Policies and Procedures are up to date. It is fundamentally important that every employer has an Equal Opportunities Policy in place. All managers and supervisors should also be trained in equal opportunities and diversity, and records of training should be kept on file since, the only defence for the employer is to show that all reasonably practicable steps have been taken to eliminate discrimination in the workplace.

If you would like more information with respect to this or have any other employment related queries please do not hesitate to contact our Employment Team on: - 01279 712549

Email:  gsmith@nockolds.co.uk or bmoseley@nockolds.co.uk

Bev Moseley (profile) Bev MoseleyDarren Hayward (profile) Darren HaywardGary Smith (profile) Gary Smith Thursday 27th January 2011
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