Saturday, October 3, 2009

What Is Employers Responsibility?

by Huzaimah Mohd Hossen
It is important for all employers, managers and supervisors to be aware of the law and the penalties for failing to protect employees from bullying or harassment. Tina Stephens (2006) mentioned the main sources of law relating to bullying and sexual harassment in her Bullying and Sexual Harassment book;
  • Sex Discrimination Act 1975, as amended;
  • Protection from Harassment Act 1997;
  • Employment Rights Act 1996, as amended;
  • Public Interest Disclosure Act 1998;
  • EC Council Directive 26/207 (Equal Treatment);
  • EC Recommendation and Code of Practice on Proecting the Dignity of Women and Men at Work 1991;
  • etc..

If the employer denies the employee a prompt and reasonable opportunity for them to raise and grievance about bullying or harassment this could amount to a breach of the implied term of mutual trust and confidence.

12 comments:

  1. It's employer's responsibilities when sexual harassment happend in the workplace.But before it's happen to any employees so certain rules and regulation should been practice to avoid sexual harassment in the workplace.But why sometime this thing still happend to the employees?

    Jaclyn

    ReplyDelete
  2. Should we put the blame on the employees themselves? some employees never think of the risk of being "sexy" in the workplace, although the rules had been made.

    Huzaimah

    ReplyDelete
  3. To put the blame on the employees themselves is not wrong because sometimes it is become one of the reason why sexual harassment happen in the workplace. Some of the employees does wear sexy outfit that can lead to sexual harassment in the workplace but men used to perceiving woman in sexual and traditional terms, carry this behavior into the workplace and women trained to interpret male attention as flattery and to avoid conflict put up with it. So either the women wear sexy or not it’s still can happen .Many of those who experienced sexual harassment did not complain because it was their supervisors who were doing the harassing(Braun,1998,Cray 1997)

    By Jaclyn

    ReplyDelete
  4. The management should ban the porn website in their network as some men or women as well like to surf such website..

    Huzaimah

    ReplyDelete
  5. The employer can take an action steps below in handling sexual harrasment issues :

    1.) Update sexual harassment policies and communicate this policy to all the employees.

    2.) Educate employees about sexual harassment.

    3.) Educate employees that sexual harassment means sexual discrimination.

    4.) Investigate all forms of sexual harassment quickly and fairly to all participants.

    by Siti Mariam binti Ali
    G72955

    ReplyDelete
  6. if the company does not have a sexual harassment/discrimination policy, the employer should make one. the policy should communicate that the company is taking a "zero tolerance" approach toward sexual harassment. if there's a complaint or report being lodge by the victim, they should conduct investigations promptly and thoroughly.

    ReplyDelete
  7. The manager has the right to manage the company correctly.They play the biggest role in the company or any sector.In many organisations a manager's job description is like a piece of string- as long as it needs to be.(Tina Stephens and Jane Hallas ,2006).It means that the manager or supervisors playing the biggest role to the company not only run the company but also protect the employees welfare and safety.Not only the employees need to be alert their surounding but same goes to the employers, so that it can help prevent sexual harassment happen in the workplace.

    By Jaclyn Nonggeng

    ReplyDelete
  8. Allow me to share my opinion. :)

    I suggest that the employer should treat this matter very seriously. I have seen the situation occured in my own workplace sometime ago. The victims usually are very afraid to voice out the matter with the upper management for fear of losing their job or being mocked at or being called a liar maybe. They have nowhere to go for they have no proof whatsoever and they can only consult the problem of being sexually harrassed with the other colleagues. But the other person also could not help for the 'predator' is their own boss. So how?

    I have one conclusion in mind that is CCTV in the office. For sure this will make some staffs uncomfortable for they are being watched almost all the time. But this also will save them from 'sex crazed' people and an advantage for the employer too. Why did I say an advantage? Because the employer will know which one of their staffs are doing something else rather than doing their work. :))

    ReplyDelete
  9. Thank you for sharing your opinion and your workplace experience with us.. sexual harassment happens everywhere and can happen to anybody..

    In my workplace, my crews are all boys. We have 3 cctv so far in the restaurant. The truth is, some of them are gay. Quite a number of times, i found them squeezing and pinching each other especially on their friend's penis.

    So, what i do after i saw their disgusting unmorality behaviour, i asked them to meet in my office.

    I told them the impact of sexual harassment in the workplace, it's consist my restauratnt reputation, what do's and don'ts in my restaurant (the rules actually had been read infront of them before they were accepted working with me), what is my right as their employer and warned them that this thing shouldn't be happen in the future, lastly, make sure that i will not catch them for the next time or don't bother to come back here again.

    that's the advantage of having a cctv.. or the other alternative is, giving them a lots of work to do so that they will have no time to do such things..

    by Huzaimah

    ReplyDelete
  10. Good for you. As an employer, we have to be strict with our workers especially in their work ethics because usually people will judge our company from the acts of our employees. If the employees could not present themselves professionally, then there goes the reputation of the company they work with.

    ReplyDelete
  11. A good example from the boss or supervisor can give good impact to the company and the staff.Thats why the employers should take action to any unacceptable behaviour among employees in the office before it become sexual harassment.

    by Jaclyn

    ReplyDelete
  12. if the company does not have a sexual harassment/discrimination policy, the employer should make one. the policy should communicate that the company is taking a "zero tolerance" approach toward sexual harassment. if there's a complaint or report being lodge by the victim, they should conduct investigations promptly and thoroughly.

    nor diyana aminudin

    ReplyDelete