Sexism in the workplace has been a bit of a hot potato this week with Andy Gray and Richard Keys making headlines with their sexist remarks about women in the football and TV industries.

After their comments about the female lineswoman’s abilities to do her job because of her sex, other examples of inappropriate behaviour began coming out of the woodwork. While off-air, Gray was filmed in the Sky Sports studio asking a female presenter to help him tuck his microphone into his trousers, and after going viral on YouTube, he was eventually sacked from his £1.7 million salary presenting job.

Making sexist or offensive remarks based on a person’s gender can be grounds for dismissal in the workplace. The rules don’t just apply to men making comments about women, but can equally cause offence the other way around.

But what is classed as sexual harassment? And what are the rules?

Harassment is defined as unwanted conduct of a sexual nature or on the grounds of a person’s sex that has the purpose or effect of affecting the dignity of that person. It might also create an intimidating, hostile, degrading, offensive or humiliating environment for that person. 

It is for each person to determine what behaviour they find unacceptable. Sexual harassment also occurs where on the grounds of a person’s rejection of unwanted conduct; she is treated less favourably than they would be treated otherwise. 

Harassment can include inappropriate conversation about someone’s appearance, lewd jokes or even unwanted sexual advances or contact. Harassment can also arise through non-sexual conduct e.g. threatening or discriminatory behaviour directed at women only, such as purposely putting equipment on high shelves so only men can reach. 

In the UK, the law protects individuals against discrimination and physical or verbal harassment, regardless of the intention. Employees have the right to claim discrimination if an offensive environment is created via comments, emails or images and this can include incidents that happen outside of work if they are part of the corporate culture, such as parties or after-work drinks.

All organisations should have procedures in place to protect and handle grievances in the workplace. If an employee decides to raise a formal complaint about harassment in the workplace, they are obliged to investigate. If an employee is not satisfied with the outcome of their complaint, they could resign and claim unfair dismissal and sex discrimination. However, employees should seek the advice of a solicitor as taking a complaint to a tribunal can be complex.

By Sarah Calderwood, employment specialist at law firm Slater Heelis www.slaterheelis.co.uk/employment