Sexual Harassment at Workplace in Asian Countries vs UK: An Appraisal of Legislations

This report critically analyzes sexual harassment cases at workplace in Asian countries and UK, along with an appraisal of legislations. It discusses contemporary issues, law cases, strengths and weaknesses of arguments, research methodology, and recommendations. The report highlights the need for legal protections, prevention measures, and sensitizing men and women behavior to promote equality and respect for women. It also presents landmark cases and legal changes brought after them, such as the Sexual Harassment of Women at Workplace Act in India and the UK government's legislation for proactive steps to prevent sexual harassment on the job.

CRITICAL ANALYSIS OF THE CASES OF SEXUAL
HARASSMENT AT WORKPLACE IN ASIAN COUNTRIES IN
CONTRAST TO UK. AN APPRAISAL OF THE LEGISLATIONS

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Provide an in-depth analysis of the contemporary issue you are investigating, including critical
engagement with relevant principles, theories and practices of that particular area of law........3
Presenting law case related to sexual harassment at workplace..................................................5
Presenting strengths and weakness of arguments........................................................................8
Explaining discussion of primary source of information.........................................................11
Research methodology...............................................................................................................13
CONCLUSION..............................................................................................................................13
Recommendations......................................................................................................................13
REFERENCES................................................................................................................................1

INTRODUCTION
Sexual harassment involves unwelcome sexual advances, request for related favors, etc
practices in the workplace. In the current era, people are facing number of the threats regarding
sexual harassment due to various reasons which is hampering the employees working in the
business environment. The current report will pay attention on assessing cases of the sexual
harassment at workplace in Asian countries in contrast to UK. This has lead to the appraisal of
legislation so that higher effectiveness in overcoming the prevailing situation can become
possible. The study will focus on ascertaining compensatory legal issues, identification of related
specific problems case laws, primary and secondary sources for conducting analysis, strengths &
weaknesses of it, etc. This will permit in gaining the in depth analysis via using qualitative
research methodology so that accurate understanding can be received.
MAIN BODY
Provide an in-depth analysis of the contemporary issue you are investigating, including critical
engagement with relevant principles, theories and practices of that particular area of law.
There are different views are existed on the basis of sexual harassment constitutes but the
problem are relatively similar at global level. Sexual harassment refers to unwanted and
unwelcome sexual conduct in can be on the basis of verbal or non-verbal action which can be
offensive for the person who are beings harassed. Also, it can be very common at the workplace
because of hostile environment. It is spreading at the worldwide in the formal an informal
manner and on the basis of this it has been analyses that it women and men both are affected due
tos gender inequality1. Also, women are sexually abuse at that kind of place just because they are
belonged to different place. It is very common as the occupational hazard because it undermines
the opportunity for treatment in Asia region. To avoid this kind issue it is necessary to adopt all
the laws which are help to improve the environment at the workplace. There are different
contemporary issues which are faces by women such as to earn more than men, senior position
according tos perceptions of different people it has been analysed that they haves different
opinion for women. That is why, they approach to female employee in order to threaten them.
1 Barabas, C., Doyle, C., Rubinovitz, J. B., & Dinakar, K. (2020, January)

So, they can get better positions at the workplace 2. Another issue is related to elevator pitch ins
which there are many women who are absent due to harassment and then left the job, this type of
problems is very common in UK, Sri Lanka etc. so it is necessary to provide them proper
attention to women and takes the actions against its so that they will not leave the job. At every
place women being harassed such as lift is very-common reasons that are not used by them in
UK because at that kind of place authority gets more power. According to study its has been
analysed that its is necessary tos uses all the practice which are help women as well men top
being harassed.
On the basis of general models of preventions it has been analysed that this models helps
tos prevent people from harassment by impactful strategies. Also, this includes some principle
which are regarding comprehensive that is based ons critical domain such as peers, family,
community that helps to been prevented accordingly. Positive relationship is one of the major
principle that helps to build good relation with colleague in order to promote positive
environments at the workplace 3. On the other hand there are some people which are taking
advantages of it in order to tolerate different aspects of the person. Further, according to socio-
economic model it has been analysed that this models takes care of societal approaches that
anyone should follow. ICFTU (the international confederation of free trade union) have posted
the programme related to action of sexual harassment in the Asia region so that its help to
provide immediate actions regarding their problem. However, there are different issue which can
be affected the just because employer become serious while takings any action. Also, harassment
to the LGBT community is often take place ins some regions just because people make
difference regarding their identity. The verbal abuse take place because it has related to
unwanted touching, sexual assault. There are different number of studies are often show the
level; of people in which they are suffering from problem. This is the sensitive that anyone can
take actions regarding this and on the basis of Protections from harassment act 1997 it has been
prosecuted in the criminal court against this case 4.
2 MacLeod, A., Cameron, P., Ajjawi, R., Kits, O. and Tummons, J., 2019
3 Clay, K.L. and Rubin, B.C., 2020
4 Cieslik, K.J., Leeuwis, C., Dewulf, A.R.P.J., Lie, R., Werners, S.E., Van Wessel, M.,
Feindt, P. and Struik, P.C., 2018

Some practice that are need to follow by people in order to the world is increasing and
should taking actions regarding practices. Legal protections is one of the major law that can be
help the person who itself not fight against law. Even in many country it is necessary tos use that
kind of practice related to abusing at workplace. The procedures are need to follow bys the
organization by improving the function of legal system and number of guidelines and codes are
followed in order to issue number of guideline in order to protect people at workplace. Further,
prevention is the key is one of the major practice that can be followed and the measures are
necessary to provide them in the adequate manner by emerging the issue to stop women
harassments by providing them first priorities. Then to provide proper trainings to employees so
that they can take the actions regarding their issue also it is necessary to develop some majors
action. This is involved different patterns of relationship that are need to follow by the company
and this is important to adopt this technology which are helps women as well men from
harassment. For example, according to the research it has been analysed that ins most of the
harassments cases there are authority who are involved in that kind of cases so it is necessary to
takes actions regarding this 5. To respect women is one of the major part of take care of society
as well ass promote equality. The attitude of the persons I changed due to some cases so its is
necessary to provide training to authority so that they can maintain delegate of authority. It also
involves sensitizing men women behaviour so that they can learn about it.
Presenting law case related to sexual harassment at workplace
Despite of so many strict rules and regulation the safety of women is still vulnerable and
there still increase violence against women, sexual harassment, rape etc. are increasing day by
day at very high rate. In the last recent year countries like Japan, china, India and south Korea
has passed legislation related to reducing sexual harassment at work. Hong Kong has passed the
law relate to sexual harassment by their customer. Under this law it is unlawful for service
provider to sexually harass a customer while providing goods and services. All this law will be
applied in every service sector and protect women 6. In addition to this, India’s Sexual
Harassment of Women at the workplace Act become effective in 2013 and it defines that no
women shall be subject to sexual harassment at the workplace.
5 Hafner, C.A. and Miller, L., 2018
6 Chadha, A., 2018.

Along with this, in 2014 Israel has also amended sexual harassment law to provide that
any publication of any photograph or film recording of person without consent will be
considered as sexual harassment. Along with this, Japan amended law July 1 2014 include new
sexual harassment guidelines that victim of sexual harassment should treat the victim employee
with consultant as well as with supervisor. Furthermore, in South Korea amended its Equal
Employment Act in January 2014 that state that employers like manager and supervisor of each
country need to give training session to their employees and build awareness and prevention
education. Although Vietnam’s Labour code came into effect in 2013 explicating prohibiting
sexual harassment at the workplace and this law does not provide clear definition of sexual
harassment neither it obligate employers to take preventive measures or establish complaint
procedure in the workplace7. Moreover, the trade union of England and wales first reported
in year 2016 that majority of female worker in UK have faced sexual harassment at work.
Vaisakha vs. State of Rajasthan and OR’s., JT 1997 (7) SC 384 (Bhanwari Devi Case)
Facts of the case: This was a landmark case regarding the protection of women against sexual
harassment at workplace. Along with this, it occurred at 1992 where a lower caste social worker
women development programme in Rajasthan named Bhanwari Devi was allegedly gang raped
by five men of upper class community 8. Although victim has filed the case in the police station
but investigation was launched.
Issues raised:
This landmark case has raised so many question related to sexual harassment that took place at
a workplace. The issue raised whether the employer is responsible for sexual harassment by its
employee at workplace?
What was held?
To get the justice Bhanwari Devi file the case in trial court where the court has acquitted the
accused for reason of lack of medical evidence. Due to unlawful justice women’s groups went
for the appeal in the higher court against the judgement. The result of this Public interest
litigation was filed in the supreme court reading the sexual harassment at workplace 9. The
7 Fitzgerald, L.F. and Cortina, L.M., 2018.
8 Gupta, R., 2019.
9 Hardies, K., 2019.

supreme court has held that sexual harassment of a women at a workplace would be violation of
the fundamental right of gender equality as well as righty to life and liberty. The court
concluded such Act would be violation of women’s human rights.
Legal changes brought after the case:
 After the judgement of this case few guidelines have been amended by the court that need
to be fulfilled by the employer as well as other authority of corporation:
 There should be a complaint committee at all the work place.
 Such committee has to be headed by a woman employee only and there should be third
party participation like NGO 10. The role of the committee would advise and recommend
the victim for taking the legal action.
Thus, this type of guideline has been created for the gender equality right of women that should
be free from harassment in both public and private employment. Although this judgement has led
Indian Government to enact the Sexual Harassment of Women at Workplace Act, 2013 which
came into force on December 2013.
In UK there are at least 100 cases of sexual harassment reported by female Mc Donald’s
workers. The female worker of Mc Donal has been subjected to a toxic culture of sexual
harassment that which has raised women abuse and due to that employees move to different
stores 11. Although allegation was implied on managers like it was passing sexual comment,
touching them inappropriately as well as discussing sexual desire. Most of the female worker has
even said that they received sexual text message and pictures and asked for better promotion in
return for sex. Along with this, the head of the company has implemented government policy
reading sexual harassment and introduced a helpline number so that employees can easily file
their complaint.
Munchkins Restaurant Ltd and anor v Karmazyn [2010] UKEAT
Summary: In this case a sexual harassment of women employees was done by the manager.
Facts: The restaurant was run by Mr Moss and Miss karmazyn and other workers from
Europe were employed as waitresses for between one and five years (Munchkins Restaurant Ltd
10 Hersch, J., 2018
11 McCann, C. and et.al.,2018

and anor v Karmazyn [2010] UKEAT., 2022). The employees claim that they were made to wear
short skirts as well as subjected to talk of a sexual nature while their employment by Mr Moss 12.
The decision: Employment tribunal
The claim of sexual harassment and constructive dismissal were upheld the claimants were each
awarded with £ 15000 for injury to feeling and £1000 for damages. Mr Moss and the company
were made jointly and severally liable for the discrimination.
The UK government has introduced legislation in July 2021 for employer in order to take
proactive steps to prevent sexual harassment on the job. According to government equality office
employer will be responsible and held liable if it fails to provide safe and harassment free
environment. Although company need to show that it has present anti- harassment policies as
well as to conduct training for their subordinates. The new embedment include protection of
employees harassed by third parties like customer, clients in order protect them from racial
discrimination. Along with this, time limit for bringing the case has been increased by the
employment tribunal from three to six months 13. Moreover, supporting the equality and human
right commission to set out steps employers should take to respond to sexual harassment
complaints. During the COVID – 19 pandemic women has also suffered abused on Zoom,
Social media, phone calls. Although HR department should take action to meet this issue by
creating zero tolerance culture through internal communication channels that sexual harassment
is unlawful. Also it can train employee about it so that it can be aware as well as handle sexual
complaints.
Presenting strengths and weakness of arguments
The data of the research has been collected through primary and secondary format. Sexual
harassment in the work place has been argued and new abetment mad in that law. It has been
state in the research that sexual harassment comes under criminal law of Asian country as well as
it is the part of Human right act. Such as harassing women will be violation of its fundamental
right of equality and living. All though the strength of the research is that it has covered Asian
12 Minnotte, K. L. and Legerski, E. M., 2019
13 Roscigno, V .J., 2019

country case laws related to sexual harassment 14. That has widened the scope of the study.
Although women contribute in developing economic sector as well as maintained the
sustainability. However, the issue such as sexual harassment in the workplace demotivate them
to continue working. It is one of the oldest concern in the Asian country as well a pacific.
Moreover, it has been recognized as violation of human right as it weakens equality of
opportunity between men and women. Due it rapid increasing in the employment many countries
have implemented new rules in order to reduce the crime rate. Furthermore, this cases are not
only increasing in Asian country but also in other parts of world. Along with this, it is form of
gender discrimination and women are majority victim of sexual harassment both in public and
private sector. Many law has been implemented by the government so that it can increase the
awareness about it and break the silence on sexual harassment as well as to take hard action
regarding it.
Although through the secondary research it has been argued that most of the women are
ashamed of filling the case due to the fear of getting title of loose women. Moreover, earlier
definition of sexual harassment includes flirting or expression of men appreciating women. That
clearly ignore the fact that flirting is mutually consensual behaviour between two individual.
Although the new definition of sexual harassment include unwelcoming sexually determined
behaviour whether directly or indirectly such as physical contact, demand sexual favour and
showing pornography 15. Moreover, various initiatives have begun to address sexual harassment
in Asia. In most of the countries sexual harassment has been addressed by implementing
activities which is violation of human rights, non- discrimination, equal opportunity and
treatment. Although the trend of providing protection against acts of sexual harassment is
occurring in Asian country and pacific as well as other region of world. In Bangladesh Nari O
Shish Narjaton Domon Ain (2000) define that any male in improper manner try to satisfy women
or make obscene gesture will be liable under sexual harassment act and there will be rigours
punishment given to it as well as monetary fines. Along with awareness programmes has been
conducted in South Asia 16. Most of the business company has started taking initiative of
14 Siuta, R .L. and Bergman, M. E., 2019
15 Tinkler, J. E. and Zhao, J., 2020
16 Hardies, K., 2019.

providing awareness on increasing sexual harassment at workplaces. Along with this, according
to new rule the company has to establish a women sexual harassment complaint box and its head
should be women. Theses initiative has motivated women to take participation in taking their
stands. Moreover, the weakness of this law is that it follows a procedure such as establishing an
enquiry committee. Although it takes six months for filling the complaint with limited power to
stop the case form delaying.
Moreover, the law insists on written complaint and illogically asks for six copies of the
complaint. Thus, this act is developing and unclear. Although if the law content is weak then
one can only expect poor implementation of it. Most of the committees are unclear on how to
conduct inquiries thus it fails to provide women with any kind of redressed leaving. It does not
have idea about the legal requirement for cross examination and its importance. There is lack of
coordination between the personnel authority of the organization as well as complaints
committee. Although the workplace is one of the most common location of sexual harassment as
organization mainly have male dominance and sex based power relations 17. In Indian law
Vaisakha guideline attempted to empower women at workplace to face with this issues.
Furthermore, the research strength is gathered information through primary that has helped in
getting raw data for the study as well as it has also opted for secondary. That has contributed in
knowing the relevant theory as well as opinion of various author that has helped in widen their
scope. Along with this, the weakness of the research is that it only focusing on the Asian country
sexual harassment and UK so it has only limited its scope here. Although on this topic
quantitative research can be conducted as it will help in getting numerical data that will make the
study more effective.
Explaining discussion of primary source of information
From the evaluation of the conducted interview it can be identified that there is basically
professional working environment found in the organizations. It has been analyzed that there is
focus on behaving ethically has been done in order to get the working environment properly. It
can be justified by referring the opinion of Harrison, Fox, and Hulme (2020) there are different
kinds of the personality in the working environment is found. In order to become successful and
17 Roscigno, V .J., 2019

for gaining the higher professional development much emphasis is provided to achieve positive
outcomes. On the basis of this, it can be identified tat there are several employees in the
organization who tend to behave professional in order to avoid any irrelevant complications.
There are different kinds of the policies in the business so that overcoming the situation
of sexual harassment can become possible. The policies involve providing awareness so
significance of fair & ethical conducting, negative impact on the life style of victim and crime
performer, firing from job in case of frequent complaints, proper behaving incentives, etc. these
are the distinct form of the policies which are basically executed by the companies in respect to
handle the management of firm to mitigate and eliminate sexual harassment practices. On the
basis of this, it can be articulated that there are different kinds policies which are executed to
overcome the prevailing situation. This can be validated by Williams (2018) that there is
requirement of having relevant policies such as explaining consequences of conducting
inappropriate actions, having healthy & positive working culture, respecting environment, firing
image spoiling participating from workplace, etc.
From the evaluation of interview it can be stated that there is awareness among the
employees which enable them to gain confidence to complain about the unethical action
conducting to the higher authorities. It has been recognized that participants in the workplace to
complain about the other people's unethical action that allow to gain the relevant understanding
about the prevailing atmosphere among the employees. This can be supported by referring the
opinion of Colebrook (2018) that in the current era, employees have become aware of their rights
which tend to result in god working condition. There are different kinds of practices which
permits staff to understand that which is unethical so that they raise complain about the working
scenarios that aids in receiving good performance. There are different kinds of the reasons which
are enabling the employees in the company to raise their voice regarding employees performance
which has certain level of influence on overall growth & development of business.
On the basis of the conducted evaluation it can be recognized that there are various
components that affect the professional life of the people. There is need to make reliable focus
on analysis of prevailing experience of staff due to raising voice. This is presenting that there is
basically negative impact on the performance of staff as it affects their mental & sexual aspects
that hamper quality of living. It has been identified that there is basically declining of overall
performance in order to conduct their delegated roles and responsibilities. In addition to this,

there is personal influence as well due to adverse influence on mental and psychological e
aspects so that application of relevant policy becomes important for the firm. This can be
supported by Lay (2019) there are various factors that has huge level of impact on staff due to
experiencing any sexual harassment. There are number of complications that can hamper the
performance of employees by facing sexual harassment that indicates firm should pay attention
on gaining proper approach for overcoming the issues of such harassment of inclining
organizational productivity, brand image, compliance with legal; requirements of business, etc.
There are different kinds of the objectives of workplace such as offering proper scenario,
compliance with the laws of country, etc. for this purpose company tend to give emphasis on
achieving ability to impose such policies that can allow to accomplish such objectives. From the
evaluation of the executed interview it can be analyzed that there is requirement of making
modifications in certain areas of practices of restricting sexual harassment actions so that better
working culture can be achieved. It can be justified by looking at the opinion of Braileanu and
et.al., (2021) there are various actions which can be applied for making improvements in turn
coordinating with prevailing requirements of country. For having relevant level of compliance
organizations usually focuses on having appropriate level of implementation of modification so
that quick, relevant and reliable outcome for eliminating prevailing problem can become
possible.
On the basis of the conducted primary source assessment it can be identified that there
are several companies that pay attention on developing relevant policies so that overcoming the
negative can become possible. The secondary data collection is helped in understanding that
there sexual harassment policies aids in certain extent to handle & overcome such negative
practices at workplace.
Research methodology
For conducting the present study there is utilization of the qualitative research which is
helpful in accomplishing the objective of gaining relevant, reliable, etc information. For
collecting the data emphasis has been given on primary and secondary method so that detailed
and precise information can be gathered. In order to conduct the primary research interview has
been conducted from managers of the elected organization. This has allowed receiving opinions
regarding sexual harassment practices in the present working situation. For gaining secondary

data focus has been given on referring books, journals and articles so that proper understanding
can be received.
CONCLUSION
From the above report it can be concluded that analysis of the sexual harassment at workplace
has several negative impact on the life of victim. On the basis of the conducted evaluation it
can be recognized that in the mentioned area there is major influence of such practices at
workplace. The current study has given emphasis on obtaining socioeconomic model and
has identified that both men & women are being harassed at the workplace. There is lack of
awareness found in the working areas which is resulting into the such unethical conducting.
From the assessment of the strengths and weaknesses it has been identified that UK policies
regarding management & mitigation of these unethical actions so that proper improvement
can be derived. In order to conduct the primary research interview has been conducted and
in secondary source there is implication of qualitative study so that proper understating can
be obtained
Recommendations
From the evaluation it can be interpreted that there are few lacking areas in the UK
legislation regrading sexual harassment which require authority to pay attention on developing
certain change so that higher effective outcome can be offered (Jacobson and Eaton, 2018).
 There is need to focus on uplifting the significance of spreading awareness via assessing
the crucial points that can help potential victim to identify the prevailing situation. It can
be exerted by creating the essential activity regarding understanding of sexual harassment
from the initial level so that better processing can be done. Spreading awareness can
allow to reduce the adverse activities o that healthy working scenario can be created.
 There should be within firm to enhance threat for conducting any sexual harassment so
that understanding of behaving properly at workplace can be done. It can as well be done
via increasing implementation of the action which increased the helping atmosphere. The
significance of respecting both the gender becomes important so that better working
culture to boost positive working scenario can be formulated. On the basis of this, it can

be mentioned that there is need of implementation of enhancing understanding of
consequences so that mitigating can become possible.
 This is suggested to eliminate the complications involved in order to get justice in sexual
harassment case so that greater convenience in explaining with prevailing circumstances
can be obtained. The application of easy hailing approach can provide assistance in
overcoming complications that basically forces the people to take the crucial actions that
give rise in potential rise of such cases. On the basis of this it can be justified that there is
requirement of making such easy policy that is understandable and effective in offering
positive outcome to people at workplace.

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