An Analysis of Sexual Harassment in the Workplace: Legal Skills Essay

This essay delves into the critical issue of sexual harassment in the workplace, analyzing the legal framework surrounding it, particularly the Equality Act 2010 and employer responsibilities. The essay presents a case study involving an employee, Kelly, who experiences sexual harassment from a colleague, Mark, and faces a dismissive response from her senior manager. It explores the concept of vicarious liability, where employers can be held responsible for the actions of their employees, and the importance of creating a safe and respectful work environment. The essay highlights the detrimental effects of sexual harassment on both individuals and the organization, including damage to morale and the company's reputation. It also outlines the rights of the aggrieved party, including the right to report the incident and seek legal remedies. The conclusion emphasizes the importance of maintaining ethical standards and providing support to employees to prevent workplace harassment. The essay references several academic sources to support its arguments.

Professional Legal
Skills

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
A student who has completed their Bachelor of Legislative law. This course is designed
in such a way that it gives the academic and training in practising in law firms, which helps the
students in providing them knowledge and implication of that in the real world. There are many
skills which are required by the individual to carry out this profession (Tsotsotso and et. al.,
2017). These skills include: the person must be aware about the surrounding, they must believe
in the team work, they must have a good communication skill which helps in convincing the
clients or the Jury and many other useful skills are required.
In this easy we will be discussing about the Kelly who is employed in People United
organisation, where she has suffered for the sexual harassment at her workplace. In this essay, it
will be discussed about the liabilities and responsibilities of the employer to say their employees
from these unlawful conduct.
MAIN BODY
The Employment law of United Kingdom helps in regulate the relationship between
employers and employees. People who are employed in any kind of work will be benefited from
the Acts which protect their rights. The workers have the right to get minimum wages, there must
be a reasonable working hours, there must be flexible working pattern in the organisation,
amount of pension for which the employees are entitle for (Perlman and et. al., 2017). The
employees and employers must be protected their rights which are generated under this relation.
The Equality Act, 2010 says that the person should be treated equally unless and until
they are bared by the established procedure of law. The termination of the employees must be on
reasonable bases and with proper service of the described time period. The purpose of this Act is
to provide a dignity standard of life to their employees. Everyone will be protected under this
Act whether they are full time employed or part time employed or contractual terms.
Sexual Harassment means when a person uses uninvited and unwelcome verbal or
physical behaviour which are in sexual in nature. It comes under the criminal wrong. It includes
rape, sexual assault, unwanted pressure for physical relationship, uncalled touching to human
body, verbal or written comments of sexual natures, cat calls and many more which amounts to a
sexual harassment (Landolt and Thieme 2018). When this happens with anyone in the

organisation whether male or female it is called as a sexual harassment at workplace. It violates
the dignity of the individual and creates an offensive environment.
The Equality Act, 2010 provides, the protection to a person when someone has violated
dignity or degrading the environment of the organisation. The “Protection from Harassment Act,
1997” empowers the judicature to punish them with the imprisonment which may extends to six
months or fine (Tarango and Machin-Mastromatteo 2017). The aggrieved party can also ask for
the civil remedies like the amount of damages. Employer is also liable under Vicarious Liability,
which the act of subordinates makes liable the superior. The party can also go the Country court
for the recovery of the damages and legal aid can also be taken by the party.
In this essay, the facts of the case study are enlisting as follows: Kelly is an employee at
People United and works as an administrator in the organisation. Kelly went in the break room
for making a cup of tea for herself, the same moment Mark the other employee in the
organisation went there. He starts the normal conversation asking about how's day is going on
and moves on and commenting sexual comments on her. She said she is not comfortable in such
kind of talks and tries to stop him from making such unwanted comments but she failed in doing
so. Then she decided to leave that room and moved to their senior management's room to report
the incident to them. The senior manager laughs on the incident and says “it is normal just clam
down, it's what men use to do”. The reaction of the senior manager makes the moral down and
she has been absent from work (Asonitouand and Kottara 2019). This purely said that whatever
happens with Kelly is a sexual harassment at workplace which was done by the Mark. Kelly is
empowering to report this to the authority which helps her to punish the culprit for his wrongful
conduct. This amounts to a criminal wrong as it is not only against the individual but also it is
against the world at large. It harms the society. Further, it can be saying that the employer will
also be liable for the act of their employees and according to this case study the employer will
also be liable because he didn't take measures to stop such wrong act and supports such acts in
the organisation. The employer will not liable if they take all necessary steps to prevent such act
from happing in their organisation. They will not be liable if the act was done out of the course
of employment. The employer must provide their support in this fight. Which helps employer to
maintain the healthy environment of company, for this they have to maintain a healthy
relationship with them. This amounts to the loss to individual as well as to the organisation
because the impact of this amounts to destruct the mental peace of aggrieved party and violates

the health environment of the company. This also demolishes the goodwill of the enterprise as
this act talks about the culture and the behaviour of the other fellow employees and employers.
In Ministry of Defence, 2015 it is estimated that 68% of women has experienced the
sexual harassment at workplace in their lifetime. In the report of Everyday Sexism Project, 2013
survey 25% of men were suffered this harassment at their workplace (Brewer 2017). The
Equality Act, 2010 provides the protection to both male and female and also provides protection
to their job applicants, apprentices and any worker who is on contractual bases. It provides the
protection in the workplace of the company and also provides outside like on the official trips,
social events of enterprises are also covered.
There are the several rights that can be avail by the aggrieved party which are as follows:
They have to initiate a complain to authority against the wrongful act in the organisation. If the
employer is not listening about the incident, then aggrieved party can make a complaint against
him also. The workforce has the right to get safe and secure environment of the company. There
must be the clause in the organisation to deal with such activities. It is the duty of employer to
look after these things not to happen. When the aggrieved has raise the voice against such wrong
act and she has treated badly because of her reaction then, the aggrieved person can claim under
the Equality Act,2010. It says that this also amounts to harassment and the law provides the
protection for same.
According the above mentioned case study, Mark has committed an offensive act which
comes under the head of sexual harassment at workplace. Sexual harassment does not bound the
individual’s freedom of speech and expression (Grugulis and et. al., 2019). This freedom has a
restriction that no one has right to say anything which harms the individual's morale. No one is
allowed by the law to comment on anyone which harms its dignity, as in this case Mark has
made such sexual comments on Kelly which was totally ceased by her.

CONCLUSION
From the above essay, it can be concluded, that every organisation has to maintain the
moral value which helps them in maintaining the happy and healthy environment for both
employers as well as for employees. Sexual Harassment at workplace amount to damage the
goodwill of the organisation. Equality Act, 2010 empowers the individuals to protect their rights
of exploitation at workplace. In this essay the Mark has committed the sexual harassment at
workplace as he has made sexual comments on Kelly, which harms their moral value and
resulted in harming the mental peace of party. Every individual has the right to live their life
with dignity and for that purpose many laws are in force. The creature of law protects this life.

REFERENCES
Books and Journals
Asonitou, S. and Kottara, C., 2019. Sustainable development of skills for the tourism sector and
its financial impact. In Strategic Innovative Marketing and Tourism (pp. 1121-1129).
Springer, Cham.
Brewer, C., 2017. Athletic Movement Skills: training for sports performance. Human Kinetics.
Grugulis and et. al., 2019. Training, development and skills. The SAGE handbook of human
resource management, pp.151-163.
Landolt, S. and Thieme, S., 2018. Highly skilled migrants entering the labour market:
Experiences and strategies in the contested field of over qualification and skills
mismatch. Geoforum. 90. pp.36-44.
Perlman and et. al., 2017. Innovative mental health clinical placement: developing nurses'
relationship skills. Journal of psychosocial nursing and mental health services. 55(2).
pp.36-43.
Tarango, J. and Machin-Mastromatteo, J.D., 2017. The Role of Information Professionals in the
Knowledge Economy: Skills, Profile and a Model for Supporting Scientific Production
and Communication. Chandos Publishing.
Tsotsotso and et. al., 2017. Determinants of skills demand in a state-intervening labour
market. Higher Education, Skills and Work-Based Learning.