Harassment Quiz: True or False?

1. Harassment only applies to physical conduct.

FALSE.

Harassment is unwanted conduct and unwanted conduct can take many, many different forms. For example, spoken words, banter, written words, imagery, gestures, mimicry, jokes or pranks, facial expressions and even silence can amount of harasment.

2. As long as your conduct is not actually directed at the person, you will not be harassing them.

FALSE.

A person can be a victim of harassment even if they merely overhear comments. 

The classic case in this area involved a group of male employees viewing pornography at work. A female employee saw what they were doing. The behaviour was unwanted and of a sexual nature. It created a hostile environment for her. It was found to be sexual harassment.

3. If someone joins in with banter, then they can’t turn around and claim it’s harassment.

FALSE.

The law understands that victims sometimes give-in to harassing behaviour to avoid escalation or appease their harasser. 

This happened in the case of Munchkins Restaurants v Karmazyn where young female waiting staff participated in sexual banter with the male owner as a coping strategy. They were made to wear short skirts and subjected to talk of a sexual nature by the owner. They sometimes asked the boss questions about his love life as they found this made him easier to handle. 

The fact that the employees had participated in the ‘banter’ did not mean that it was not ‘unwanted’. The employer was found liable for harassment.

4. Even if you think your conduct is just ‘banter’, it can still be harassment if this is the effect it has on the other person. The fact you didn’t mean it is not an excuse.

TRUE.

Harassment covers situations where the ‘purpose’ of the behaviour is to harass but also where the ‘effect’ is to harass. 

Take the case of Harper v Housing 21.  In this case the claimant complained about the attitude of her line manager towards her Irish Nationality. Her line manager repeatedly likened her to women on ‘My Big Fat Gypsy Wedding’. 

The claimant felt that she was being harassed related to her Irish heritage. The line manager said that the comments were only ‘office banter’ and that she had not meant them maliciously. 

The tribunal held that the line manager’s perception was irrelevant. What mattered was that the comments had the effect of creating an offensive environment for the claimant. The claim for harassment succeeded.

5. It can still be workplace harassment where the conduct takes place outside of the physical workplace.

TRUE.

The ‘workplace’ has a wide meaning. 

Staff socials such as Christmas parties, organised by employers, are seen as an extension of the workplace. Acts of harassment by employees which take place online, or via Whatsapp or social media, are also likely to be covered.

JOIN DANIEL BARNETT IN A NEW HALF-DAY SEMINAR

HARASSMENT
with a focus on:
HOW TO PREVENT SEXUAL HARASSMENT

Presented for the first time, this is the must-attend online event for HR professionals and employment lawyers.

From October 2024, all organisations will have to pay an additional 25% in tribunal compensation if they can’t prove they took reasonable steps to avoid sexual harassment.

Hosted by barrister Daniel Barnett, this half-day seminar will arm you with a complete understanding of the legal landscape surrounding sexual harassment and offer practical strategies to prevent it.

You will learn how to handle allegations effectively, ensuring organisations are not only compliant with the law but also protected against costly legal compensation claims.

You will learn to:

  • Understand harassment.
  • Prepare for the new legal duty to prevent sexual harassment.
  • Master the 'all reasonable steps' defence.
  • Develop effective anti-harassment policies.
  • Practical application through case studies.
  • Shield employers from harassment grievances and employment tribunal claims.

Here's what you'll get:

Half day online seminar with barrister
Daniel Barnett

Learn from an experienced barrister with a deep understanding of harassment laws and workplace dynamics.  The first 1.5 hours of the seminar focuses on the law on harassment, including the new duty to prevent sexual harassment.  The final hour focuses on how to establish that an employer has taken 'all reasonable steps' to prevent harassment, with a close focus on policies, training and workplace culture.

In-depth discussion on the concept of workplace behaviour’ and sexual harassment

Get a clear understanding of what constitutes harassment and how it applies in the workplace. The seminar will delve deeply into the nuances of workplace behaviour and the legal frameworks surrounding harassment, providing you with the necessary knowledge to identify and prevent such issues.

A detailed examination of the new duty to prevent sexual harassment

Get a detailed explanation of the new duty on all employers to prevent sexual harassment, coming into force on 26 October 2024. This part of the seminar focuses on the expanded responsibilities placed on employers to actively prevent sexual harassment, clarifying the legislative changes and expectations.

Two case studies to apply the learning to real-world scenarios

These practical examples will help you visualise the application of what you learn during the seminar, enhancing your understanding and ability to navigate complex scenarios in different organisations.

The risks and consequences of breaching the new duty

Understand the potential consequences of breaching the new duty to take reasonable steps to prevent sexual harassment. This crucial part of the seminar will outline the legal risks and repercussions that arise from failing to comply with the new regulations, helping you and others to grasp the seriousness and implications of these laws.

Strategies for complying with the new duty to prevent sexual harassment

Learn how to demonstrate to union representatives and employment tribunals that your organisation has taken reasonable steps to prevent sexual harassment. This will be addressed in three sections: policies, training and culture.

EARLY-BIRD OFFER:

FOREVER ON-DEMAND ACCESS!

Register by Friday 6 September 2024 and get lifetime on-demand access to both sessions entirely free (value £120)

TWO DATES / TWO CHANCES

We are running this half day seminar twice.

 Thursday, 12 September 2024 

0930 – 1230

This session is aimed primarily at HR Professionals, with a focus on practical advice and recommendations about ways to prevent sexual harassment in the workplace.

 FRIDAY, 13 September 2024 

0930 – 1230

This session is aimed primarily at employment lawyers, with a focus on the law and on how you can promote your expertise to your clients and educate them about the new positive duty on sexual harassment.

Important: if you register your place by Friday 6 September 2024, you will get lifetime on-demand access to both sessions entirely free.

FAQs

What exactly will I learn in this seminar?

You'll gain a comprehensive understanding of harassment law, with a particular focus on sexual harassment in the light of the new positive duty to prevent sexual harassment. You’ll learn practical strategies on how to establish the 'all reasonable steps' defence against potential claims and liabilities.

Who is this seminar designed for?

It's ideal for employment lawyers and HR professionals who need to stay updated on legal compliances and preventions. We are running the session twice; the content is similar on both days but with a slight steer towards HR professionals on Thursday 12 September 2024, and towards employment lawyers on Friday 13 September 2024.

How long is the seminar?

Half a day. It starts at 9.30am and finishes around 12.30pm.

How much does it cost?

It costs £45+VAT per delegate. So if it’s just you, it’s £45+VAT. If six people from your organisation want to join in, it’s £270+VAT.

Do you offer discounts for large organisations?

If you want more than twenty people to attend, contact us and we’ll see what we can do.

Is there any guarantee?

Yes. A pretty good one, actually.
If you ask for your money back at any time within 12 months of purchase, we'll refund you with no questions asked. You don't even have to give us a reason.

Will you invoice me please?

Sorry, no. There are three reasons we only take card payment:

1. We like the simplicity of an automated business model.
2. We don’t want your finance department to insist we fill in a 10 page ‘new supplier’ form to get paid.
3. It’s not cost-effective for us to chase small unpaid invoices. give us a reason.

How is this seminar delivered?

The seminar is conducted online, allowing you the flexibility to join from anywhere as long as you have an internet connection, making it both convenient and accessible.

Can I benefit from this seminar if I am new to HR and have no legal background?

Absolutely, the seminar is designed to be comprehensible even if you’re new to HR or do not have a legal background. It provides clear explanations and practical tips that anyone can follow and implement. But we recommend you join the session on Thursday 12 September, as the session on 13 September will assume some basic legal knowledge.

Is the seminar recorded?

Yes. And if you register your place by Friday 6 September, we’ll give you lifetime on-demand access entirely free (value £120).

What is unique about this seminar compared to other sexual harassment training sessions?

Our seminar is the only one that specifically focuses on teaching you how to establish the 'reasonable steps' defence to minimise liability. It also focuses on the new legal duty coming into force on 26 October 2024, requiring employers to take reasonable steps to prevent sexual harassment in the workplace.

What are the short term results I can expect after attending this seminar?

Immediately after the seminar, you'll understand the legal definitions of sexual harassment, know the steps to protect organisations from liability, and be equipped with effective prevention strategies.

What are the long term benefits of attending this seminar?

Over time, you will help establish workplace cultures that significantly reduces the likelihood of sexual harassment, reducing legal risks and fostering a safe, respectful work environment.

How does the seminar help in handling actual harassment allegations?

You will learn the importance of appropriate employer reactions to harassment allegations and get guidance on ensuring these situations are handled sensitively and legally, reducing further risks and maintaining workplace integrity.

What kind of practical tools will I gain from this seminar?

The seminar includes practical tips, case studies, and detailed discussions on new duties and defences related to sexual harassment, all of which you can directly apply to any organisation.

Is there any small print?

Afraid so. Here it is:-

1. We reserve the right to refuse to let you attend the seminar, even after you complete the order form. If we do refuse to let you attend, we will immediately return your money.

2. During the session, we give a general overview of the law. You should treat the content of the seminar as general guidance but not legal advice tailored to fit the needs of your situation. 

3. More generally, any liability for negligence, breach of contract or anything else arising from the content of the seminar is limited to twice the fee you paid for to attend (or for the recordings).

4. You are not permitted to record the seminar yourself, nor to share any recordings we send you with other people.

GUARANTEE

Not 100% satisfied?

Ask for your money back within 365 days of purchase and we’ll refund you. No questions asked.

CONTACT

For enquiries, contact us.

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