
A historic lack of gender diversity in the construction industry puts people at higher risk of experiencing gender-based discrimination and sexual harassment at work.
As an employer, you have a legal duty of care to protect employees from bullying on the grounds of a protected characteristic including gender and harassment in the workplace, and to take action should instances of gender-based bullying or harassment occur.
Gender-based bullying and harassment
Under the Equality Act 2010, bullying and harassment essentially constitute behaviour that makes someone feel intimidated or offended.
Women and those with non-binary gender identities are protected against harassment and discrimination under the Equality Act.
Any claims under the Equality Act, need to be based on a protected characteristic; however, an employee could also make a claim for constructive dismissal if they leave, claiming severe bullying, which would not need to be based on a protected characteristic.
Gender-based bullying and harassment can take many forms.
However, some examples include:
- Denying promotion or training without a fair reason.
- Constantly undermining someone’s position.
- Spreading unpleasant rumours about a colleague.
- Using derogatory language or slurs.
- Sexual harassment, including unwanted touching, inappropriate remarks, or sharing explicit images without consent.
Cases of gender-based bullying and sexual harassment can take place in person or online.
Crucially, it is important to note that people who are not the direct targets can also be victims of harassment – for example, if a colleague overhears someone using misogynistic language and is offended by it.
Preventing bullying and harassment
Senior managers should set a zero-tolerance approach to harassment, making it clear to everyone that gender-based and sexual harassment will not be tolerated in the workplace.
You should also include sexual harassment awareness and anti-bullying training as part of your company’s induction and training programme for all employees, with refresher training at regular intervals to consolidate learning.
This training should include details of how employees can report cases of bullying and harassment confidentially. Make sure that employee support is built into your company’s reporting system.
Clearly define gender-based bullying and sexual harassment in your company’s anti-harassment and anti-bullying policy. This should include the disciplinary procedures and consequences for employees who engage in bullying and harassing behaviour. Make it mandatory for all employees to read and agree to the policy when they commence employment with the company.
Additionally, you can identify potential trigger points for harassment – such as high-stress environments, late nights and long hours or social events for example – and put extra measures in place to reduce risk.
Legal support with Palmers Solicitors
Dealing with cases of gender-based bullying and harassment in the workplace can be particularly challenging in the construction industry.
Building sites have a history of being male-dominated and conducive to behaviours that some colleagues view as just jokes or workplace “banter.”
However, this can still be bullying and harassment if the behaviour is unwanted or offensive.
At Palmers Solicitors, our construction and employment law experts can help you understand your legal obligations and support you with implementing effective policies and procedures to tackle gender-based bullying and harassment.
For further guidance on preventing gender-based harassment and bullying in the workplace, contact our construction and employment law experts today.