Jail Warning for Sexual Harassment

The Court of Appeal has confirmed jail sentences of 21 and 12 months for an employee and a manager convicted of respectively 7 and 2 charges of indecent assault in the course of sexually harassing women colleagues in their work place.

The Court said this was a serious case of public sexual bullying involving a prolonged period of conduct, which was both humiliating and degrading. The employee, who considered himself the "office jester", had pushed his victim against filing cabinets and then simulated sexual intercourse, or grabbed her between the legs. This had all been done in front of other workers. The victim complained to the manager, but he did nothing to stop the incidents and then, later, he indecently assaulted her too.

The Court said that jail sentences for this sort of behaviour were "inevitable" and the length of the sentences themselves was "unimpeachable". Women, they said, were fully entitled to be protected from this sort of treatment.

Comment

The decision should go a long way towards stamping out sexual harassment in the workplace. The threat of jail will help to reinforce actions already taken by good employers. It will warn harassers that, in addition to losing their jobs and having to pay compensation to their victims as a result of Employment Tribunal cases, they face getting a criminal record and spending a serious amount of time in prison.

It is likely to give victims more courage to blow the whistle on harassment in the workplace. It should also force bad employers to deal with any problems in the workplace lest employees call in the police to sort it out.

For further information please contact either Simon Jeffreys or Anthony Fincham on telephone +44 (0)20 7367 3000 or by e-mail at either [email protected] or [email protected].