How to prevent sexual harassment in hospitality

In the case of Munchkins Restaurant Ltd and another v Karmazyn and others, over several years four migrant worker waitresses were made to wear short skirts and subjected to talk of a sexual nature and explicit images by the restaurant's controlling shareholder. Each were awarded £15,000 for injury to feelings, plus an award of £1,000 for aggravated damages.

Guidance for workplaces

This year, the Equality And Human Rights Commission (EHRC) and UKHospitality published new guidance to help venues put appropriate measures in place to protect their workers. We have expanded on their checklist, which focuses on three main areas to consider:

Communicating and promoting a culture of zero tolerance towards sexual harassment

Employers should dismantle a workplace culture that sees sexual harassment and assault as a ‘normal' part of the job, so that employees can feel comfortable that reports of harassment will be taken seriously. In Munchkins, the fact that an employee had put up with the conduct over a number of years did not invalidate the assertion that it was unwanted. Nor did the fact that in some instances the claimants had themselves initiated "banter" as a coping strategy.

Employers should ensure that managers deal with any complaints of harassment quickly, effectively and in a sensitive way. It should be made clear that the perpetrators of harassment will be sanctioned, and those who report it will be protected from victimisation.

Workers should also feel comfortable to report harassment perpetrated by clients, customers or suppliers, who in turn should also be made aware of the employer's zero-tolerance policy to harassment.

Changing and monitoring the work environment to make it as safe as possible

An employer should make it clear to its workers that it will not tolerate harassment in the workplace. This means employers need to investigate the full extent of any potential problem as well as identify areas of risk – such as environments where alcohol is consumed by customers. For example, employers could ask managers to avoid having a single member of staff wait on a large group.

Employers should put effective reporting mechanisms in place and make employees aware of them. The provision of regular anti-harassment training for all employees and specific training for managers in how to deal with complaints of harassment can reduce claims. Employers can even appoint ‘workplace champions', to monitor harassment issues and offer support to victims of harassment.

Putting policies and procedures in place so employers are prepared to deal with sexual harassment when it happens

Employers should make sure their policies provide adequate protection and the right to report sexual harassment to all workers. This might include having an effective anti-harassment policy that clearly sets out what conduct is unacceptable, the employer's zero-tolerance approach to such conduct, how employees can report inappropriate conduct, the process that will be followed and the support available for victims of harassment and those who report it.

Clear guidance for managers should encourage rigorous investigation of any allegations. The tribunal highlighted the complete lack of rigor and integrity of the investigation in the Southern case, commenting that the employer did not appear to have the slightest interest in getting to grips with what had actually happened. Employers need to be careful about their responses to harassment complaints. In the Munchkins case, aggravated damages were awarded to reflect the "inappropriate and excessive" way in which the case had been conducted.

While very large awards are not the norm in cases where the claimant is a junior employee, employers should bear in mind that financial damages are uncapped in discrimination cases.

In the current climate post-#MeToo, where certain high-profile chefs and restaurateurs have been forced to step down following allegations from female colleagues, the reputational damage to employers embroiled in sexual harassment claims alone is reason enough to put preventative measures in place.

Eleanor Parkes is a solicitor in the employment team at Debenhams Ottaway

www.debenhamsottaway.co.uk