Creating a Safe Workplace: Understanding and Managing Sexual Harassment under the Employment Act 1955

Activity:

“Is This Harassment?” Quick Quiz

Examples shown:

Repeated comments about appearance

1. Asking colleague out once
2. Touching shoulder repeatedly
3. Sexual jokes in WhatsApp group

Outcome:

Participants realise grey areas exist.

Definition under Employment Act 1955:

Any unwanted conduct of sexual nature, whether verbal, non-verbal, visual, gesture or

physical, directed at a person which is offensive, humiliating or threatening.

Types:

Verbal

1. Sexual jokes
2. Comments on body
3. Repeated flirting

Non-Verbal

1. Staring
2. Suggestive gestures
3. Sending emojis/messages

Physical

1. Touching
2. Blocking path
3. Hugging without consent

Digital Harassment

1. Inappropriate WhatsApp messages
2. Explicit photos
3. Video calls misconduct

Activity:

1. Participants classify examples.

Employer Must:

Upon Complaint:

1. Inquire into complaint
2. Conduct fair investigation
3. Take action if proven
4. Protect complainant from retaliation
5. Maintain confidentiality

Failure to Act:

1. Can lead to legal liability, reputational damage, constructive dismissal claims.

Discussion:

1. What happens if management ignores complaints?

Employees Have Right To:

1. Safe workplace
2. Complain without fear
3. Confidential handling
4. Fair treatment

Managers Must Not:

1. Dismiss complaint casually
2. Ask victim to “just ignore”
3. Gossip about complaint
4. Protect star performers

Case Study:

Manager says:

“Boys will be boys.”

Discuss legal and ethical issues.

Step-by-Step Process

Stage 1: Receive Complaint

1. Listen professionally
2. Record facts
3. Assure confidentiality

Stage 2: Preliminary Review

1. Is there prima facie issue?
2. Need immediate separation?

Stage 3: Investigation

1. Interview witnesses
2. Review messages/CCTV
3. Gather evidence

Stage 4: Decision

1. Substantiated / Unsubstantiated

Stage 5: Corrective Action

1. Warning
2. Suspension
3. Dismissal
4. Counselling
5. Transfer

Group Work:

1. HR receives complaint against senior manager.

Must Have Internal Measures:

Policy Includes:

1. Zero tolerance statement
2. Definition/examples• Reporting channels
3. Investigation process
4. Non-retaliation clause
5. Disciplinary consequences

Awareness Measures:

1. Annual training
2. Posters
3. Induction briefing
4. Leadership commitment

Activity: Review your company current policy gaps.

Group Exercise:

Each team drafts:

1. Reporting Flow
2. Investigation Committee Structure
3. Awareness Campaign Plan