Robust policies and proactive management are some ways in which companies can address sexual harassment in the workplace. The most crucial line of defence that employers can mount against this massive risk is policies that clearly define harassment and are applied consistently. The case of Sieberer v. Apple Retail UK Ltd underscores exactly that.
Christoph Sieberer worked for Apple Retail UK in London since 2021. Sieberer was dismissed by his organisation for taking covert photographs of a female colleague, referred to as “M,” without her knowledge or consent. Sieberer sent the photos to his colleague Thomas, with a message that read, “M**, you’re welcome Thomas.” Thomas responded with inappropriate remarks about the colleague, including, “Look at bae there…so cute (blowing kisses emoji) working her a** off but still looking great,” and “That’s my girl.”
This was repeated behaviour as on another occasion, Sieberer took another photo of the same female colleague and sent it directly to Thomas via WhatsApp. Although Sieberer later deleted the photo from his phone, Thomas showed it to a third colleague, Hana. Hana reported the behaviour to the HR. Following an internal investigation, Sieberer’s actions were deemed to constitute sexual harassment, ultimately leading to his dismissal.
Sieberer challenged the decision before the Employment Tribunal which held that his dismissal was unfair. The tribunal stated that the behaviour in question did not meet the criteria for sexual harassment as outlined in the company’s policies. It found the harassment policy to be overly vague, lacking a clear definition of what constituted harassment. Additionally, there was no evidence to indicate that the photos had offended the colleague or contributed to a hostile work environment. As a result, the tribunal deemed the organisation’s response disproportionate, ruling the dismissal unfair.
The Sieberer v. Apple Retail UK Ltd case illustrates the severe consequences of neglecting workplace harassment policies. Employers must recognise that robust sexual harassment policies are not just a legal requirement but a cornerstone of an inclusive and productive workplace. Creating a robust anti-sexual harassment policy is crucial for fostering a safe, inclusive and risk-free workplace.
Here’s how your organisation can draft an effective policy
- Define sexual harassment clearly: Provide a comprehensive definition of sexual harassment and include examples.
- State the purpose and scope of the policy: Define who the policy applies to, and how it applies to all work settings and any location where work-related activities occur.
- Establish a reporting mechanism: Define the available redressal mechanism clearly. Ensure these channels are accessible, user-friendly, and confidential.
- Detail the investigation process: Outline how complaints will be addressed, including timelines, investigation steps, and roles of involved parties.
- Provide training: Mandate regular training sessions on identifying, preventing, and addressing sexual harassment. Provide specific training for managers and HR staff on handling complaints effectively.
- Include appropriate remedies and consequences: Clearly state the range of disciplinary actions for those found guilty of harassment, from warnings to termination. Include support measures for victims, such as counselling or workplace adjustments.
- Regularly review and update policy: Review the policy to ensure it remains relevant and complies with evolving laws and workplace needs. Seek employee feedback to identify gaps and improve the policy.
At Serein, we help organisations build safer and more inclusive workplaces through clear policies, effective training, and proactive management. To know more, write to us at hello@serein.in.