Recent allegations of sexual harassment against Mohamed Al Fayed, former owner of Harrods, highlight the significant role power imbalances can play in workplace sexual harassment. Alleged victims have described a culture of abuse and manipulation under Al Fayed at Harrod’s, offering a stark example of how authority can be exploited in such situations. This is a reminder of the critical need for HR professionals to address power dynamics as part of their duty to prevent sexual harassment.
In the UK, many businesses operate within hierarchical structures, where power and decision-making authority are concentrated at the top. This can create a divide between management and employees, and in such environments, harassment, particularly sexual harassment, can flourish. HR professionals must understand how these dynamics increase the risk of harassment and take action to mitigate that risk.
What are the legal obligations here?
Under the Equality Act 2010, sexual harassment occurs when an employee is subjected to unwanted conduct of a sexual nature that violates their dignity or creates an intimidating environment. Employers are liable unless they can prove they took all reasonable steps to prevent harassment. Compensation in such cases is potentially unlimited, and from 26th October 2024, a new positive duty requires employers to take reasonable steps to proactively prevent sexual harassment. Failure to meet this duty could result in a 25% increase in compensation for successful claims.
Power Imbalances and Sexual Harassment
Power imbalances in the workplace can make it difficult for those with less power to challenge inappropriate behaviour or report issues like harassment, as they may fear retaliation or other negative consequences.
The allegations regarding Al Fayed are a recent example of this but this is representative of a common issue. There are other high-profile examples. An NHS report into the ambulance service obtained by the Independent[1] found a specific cultural issue with students, who work on the job for four years before qualifying. Carol King, a former paramedic who quit after blowing the whistle on matters involving sexism, bullying and harassment is quoted in the Independent saying that students “feel vulnerable. They have a lot riding on that very prestigious job.” A non-statutory enquiry into workplace culture within the Red Arrows in 2021 found that predatory behaviour towards women was “widespread and normalised”. Women were seen as ‘property’. The RAF admitted part of the problem may have been a view that members of the display team were ‘special’ – a clear power imbalance existed and was exploited.
These examples demonstrate how fear of retaliation and career damage silences victims, while perpetrators, emboldened by their authority, often act with a troubling sense of entitlement.
What HR can do to address power imbalances and prevent harassment
Here are five steps HR can take:
- Conduct a Risk Assessment: Understand your workplace culture by auditing past incidents of sexual harassment and using surveys or group sessions to identify any power imbalance issues.
- Tailor Training: Ensure harassment prevention training is specific to your work environment and specific harassment pinchpoints – including abuse of power.
- Review Policies: Your anti-harassment policies should clearly outline acceptable behaviour by those in positions of authority and the consequences of non-compliance.
- Encourage Reporting: Provide multiple, confidential ways for employees to report harassment, including the option to report confidentially (see our recent blog on anonymous reporting for more information). Fear of retaliation often prevents reporting, especially in power-imbalanced workplaces.
- Take Action: When harassment is reported, respond quickly and decisively. Failure to address complaints can foster a sense of entitlement among perpetrators, especially those in positions of power.
Conclusion
If working out how to minimise the risk of sexual harassment in the workplace isn’t already high on your ‘to-do’ list, it should be. HR must act now to understand the power dynamics in their organisations and take proactive steps to prevent harassment. With the new legal duty to prevent sexual harassment now only just over a month off coming into force, it is essential to reflect on this article, apply the learning to your own workplaces and ensure compliance.
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[1] Secret NHS report reveals failure to protect trainee paramedics from sexual harassment and racism | The Independent