Dealing with formal allegations of sexual harassment

Where an informal approach has not worked to stop the behaviour, or where the allegations are serious, the member is likely to face formal allegations of sexual harassment.

Everybody is entitled to be treated fairly at work. Allegations of sexual harassment are serious allegations of misconduct that are likely to have disciplinary consequences, including in some cases dismissal.

The employer may have a separate procedure for investigating allegations of sexual harassment. Any procedure must, as a minimum, meet the requirements of the Acas Code of Practice on disciplinary and grievance procedures, as well as the minimum standards set by the employer’s own disciplinary procedure.

Management must explain clearly and early to the member what exactly is going to happen, that is, every step of the procedure to be followed (including timescales) and then follow every step of that procedure. In some workplaces, the relevant procedure will have contractual status. This means that a failure to follow every step is likely to amount to a breach of the member’s employment contract. Even if the procedure is not itself contractual, a failure to follow it, for example, an inadequate investigation, or a too hasty decision to suspend, can result in breaches to key implied terms, such as duties of mutual trust and confidence and of good faith.