Recent allegations of sexual harassment and sexual assault against the late Mohammed Al Fayed, former owner of Harrods, have brought to light considerable workplace safety and legal concerns.
Since a BBC documentary aired last week containing testimonies from several former employees, a number of further women have come forward with allegations against Fayed. In total, over 20 female ex-workers have now come forward and told the programme that they were sexually assaulted or raped by Al Fayed.
Sexual health tests were carried out on multiple women during their time working for Fayed when he owned Harrods. A complaint is now being prepared to the General Medical Council against one of the two doctors involved in the tests (the other doctor passed away) stating that the tests were “wholly unnecessary”.
A woman who is part of the Justice for Harrods survivors group stated that the examinations:
“resulted in many employees’, including my own, confidential medical information being inappropriately shared within Harrods”.
There are several other complaints that include people’s phones being recorded and how there were surveillance cameras in the offices. The barristers specified that there was a claim for an “unsafe system at work”. Barrister, Dean Armstrong KC stated:
“Senior leaders at the retailer were guilty of acquiescence in the abuse, the selection process, the actual acts themselves, and then went to great lengths to ensure the acts were covered up.
They couldn’t go to HR because that was internal and controlled by senior figures at Harrods, so the only place left to go was the press.”
In 2010, Fayed sold the business to its new owner, the Qatar Investment Authority. The current management said it is:
“utterly appalled by the allegations of abuse perpetrated by Mohammed Al Fayed”.
However, barrister, Bruce Drummond added how there are “complete conflicts of interest”, stating:
“Harrods cannot be marking their own homework. They are trying to whitewash this whole process. If they are serious about righting the wrongs of the past, they should provide the survivors with independent counsel.”
What is considered workplace sexual harassment?
Under the Equality Act 2010, sexual harassment is defined as:
“unwanted conduct of a sexual nature that violates the dignity of an individual or creates an intimidating, hostile, degrading, humiliating, or offensive environment for them.”
In deciding whether conduct has this effect, the following must be considered:
- The recipient’s perception of the conduct;
- The other circumstances of the case; and
- Whether it is reasonable for the conduct to have that effect.
Workplace sexual harassment includes (but is not limited to) any unwanted verbal, non-verbal or physical conduct of a sexual nature such as unwelcome sexual advances, touching, forms of sexual assault, sexual jokes, displaying pornographic photographs or drawings or sending emails with material of a sexual nature.
Advice to employers
Preventing sexual harassment in the workplace is essential to ensure a safe and respectful environment for all employees. As referred to above, all employers have a legal responsibility to take proactive measures to prevent and address sexual harassment.
Here are some steps that employers can take to prevent sexual harassment in the workplace:
- Develop and communicate a clear anti-harassment policy
Employers should have a comprehensive policy in place that explicitly states the company’s stance against sexual harassment. The policy should define what constitutes sexual harassment, provide examples of unacceptable behaviour, and outline the procedures for reporting and addressing complaints. - Provide training
Regular training sessions should be conducted to educate employees about what constitutes sexual harassment, its impact, and the importance of maintaining a respectful workplace. Training can help create awareness and set clear expectations for behaviour. - Foster a culture of respect and inclusivity
Employers should promote a workplace culture that values respect, diversity, and inclusivity. This can be achieved through leadership, for example, encouraging open communication, and recognising and celebrating diverse contributions. - Establish reporting mechanisms
Employers should establish confidential and accessible reporting channels where employees can report incidents of sexual harassment without fear of retaliation. These channels should be well-publicised. - Promptly and impartially investigate complaints
Employers should take all complaints seriously and promptly investigate any allegations of sexual harassment. The investigation process should be fair, impartial, and thorough. - Take appropriate action
If an investigation finds that sexual harassment has occurred, appropriate disciplinary action should be taken against the perpetrator, up to and including termination of employment if necessary. - Support victims
Employers should offer support and assistance to victims of sexual harassment, including access to counselling or other resources, if needed. - Review and update policies
Regularly review and update anti-harassment policies and procedures to ensure they remain relevant and effective. - Lead by example
Employers and managers should lead by example and demonstrate respectful behaviour towards all employees.
By implementing these preventive measures, employers can create a positive work environment that respects the dignity and rights of all employees and reduces the likelihood of sexual harassment incidents and claims.
How Nelsons can help
Kate Frisby is an Associate in our expert Employment Law team, advising on performance management, the drafting of policies and contracts, settlement agreement negotiations and assisting with claims in the Employment Tribunal.
For advice on or further information in relation to the subjects discussed in this article, please contact Kate or a member of our team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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