Longer Reads

How to handle allegations of sexual violence

Daniel Zona and Tania Goodman explain the steps businesses should take to ensure they adhere to both employment and criminal law

1 minute read

Published 22 September 2022

Authors

Share

Key information

Sexual violence can take many forms and extend beyond rape and physical assault. Employers should, therefore, maintain a broad definition that includes unwanted touching or contact; the use or threat of force; forcing a victim to perform sexual acts; using sex as a tool for harassment, intimidation and coercion; predatory behaviour; spreading sexual rumours; using sexualised language or creating a hostile environment; and using sex as a condition for advancement or continued employment.

What should an employer do if an allegation is made?

Where an employee reports any form of sexual violence, or an employer suspects or becomes aware of it, the employer should handle the matter fairly and sensitively in accordance with any applicable procedure. It is advisable for businesses to take specialist legal advice in these situations, particularly given the interaction between civil and criminal law, and avoid taking any steps that might prejudice the integrity of a possible police investigation.

Some employees may ask for their complaints to be dealt with informally. Their wishes should be respected where possible, but if the nature of the complaint is sufficiently serious employers must consider taking a more formal approach to protect the individual and wider workforce. Employers should discuss this with the victim and seek their consent to agree on a ‘best way forward’.

Businesses should conduct a fair and thorough investigation as quickly as reasonably practicable and consider what steps are necessary to safeguard the victim. This could include anonymising their identity during the investigation, which would require those involved to maintain strict confidentiality and to ensure the victim and alleged perpetrator are separated.

Employers should also remember the duties owed to the alleged perpetrator by considering all the evidence and not acting rashly by jumping to conclusions before or during the investigation.

The effect of sexual violence can be debilitating for many victims and their mental health and wellbeing could suffer, including developing conditions or impairments that attract protection under equality legislation. It is prudent for employers to consider any reasonable adjustments that may be appropriate in the circumstances.

Criminal law

Acts of sexual violence can amount to a criminal offence and victims can report these incidents to the police. If they have not done so then employers should consider whether they have a duty to report it, especially if there is a risk that could impact on the safety of the victim or others.

Police investigations or criminal proceedings will not necessarily prohibit employers from carrying out an investigation, but they should first ask the police whether they can continue with their procedure or suspend it until further notice. Subject to this, they can initiate a disciplinary procedure against the alleged perpetrator resulting in a disciplinary sanction including dismissal if appropriate.

Prevention

Businesses should seek to protect staff and mitigate the risk of such behaviours by taking preventative measures to safeguard everyone. These include training, implementing appropriate policies and publishing a zero-tolerance approach towards unacceptable predatory, intimidating or sexual behaviour of any kind in the workplace.

 

This article was first published by People Management in September 2022 here.

Related latest updates
PREV NEXT

Arrow Back to Insights

Longer Reads

How to handle allegations of sexual violence

Daniel Zona and Tania Goodman explain the steps businesses should take to ensure they adhere to both employment and criminal law

Published 22 September 2022

Associated sectors / services

  • Employment law for employees
  • Employment law for employers

Authors

Sexual violence can take many forms and extend beyond rape and physical assault. Employers should, therefore, maintain a broad definition that includes unwanted touching or contact; the use or threat of force; forcing a victim to perform sexual acts; using sex as a tool for harassment, intimidation and coercion; predatory behaviour; spreading sexual rumours; using sexualised language or creating a hostile environment; and using sex as a condition for advancement or continued employment.

What should an employer do if an allegation is made?

Where an employee reports any form of sexual violence, or an employer suspects or becomes aware of it, the employer should handle the matter fairly and sensitively in accordance with any applicable procedure. It is advisable for businesses to take specialist legal advice in these situations, particularly given the interaction between civil and criminal law, and avoid taking any steps that might prejudice the integrity of a possible police investigation.

Some employees may ask for their complaints to be dealt with informally. Their wishes should be respected where possible, but if the nature of the complaint is sufficiently serious employers must consider taking a more formal approach to protect the individual and wider workforce. Employers should discuss this with the victim and seek their consent to agree on a ‘best way forward’.

Businesses should conduct a fair and thorough investigation as quickly as reasonably practicable and consider what steps are necessary to safeguard the victim. This could include anonymising their identity during the investigation, which would require those involved to maintain strict confidentiality and to ensure the victim and alleged perpetrator are separated.

Employers should also remember the duties owed to the alleged perpetrator by considering all the evidence and not acting rashly by jumping to conclusions before or during the investigation.

The effect of sexual violence can be debilitating for many victims and their mental health and wellbeing could suffer, including developing conditions or impairments that attract protection under equality legislation. It is prudent for employers to consider any reasonable adjustments that may be appropriate in the circumstances.

Criminal law

Acts of sexual violence can amount to a criminal offence and victims can report these incidents to the police. If they have not done so then employers should consider whether they have a duty to report it, especially if there is a risk that could impact on the safety of the victim or others.

Police investigations or criminal proceedings will not necessarily prohibit employers from carrying out an investigation, but they should first ask the police whether they can continue with their procedure or suspend it until further notice. Subject to this, they can initiate a disciplinary procedure against the alleged perpetrator resulting in a disciplinary sanction including dismissal if appropriate.

Prevention

Businesses should seek to protect staff and mitigate the risk of such behaviours by taking preventative measures to safeguard everyone. These include training, implementing appropriate policies and publishing a zero-tolerance approach towards unacceptable predatory, intimidating or sexual behaviour of any kind in the workplace.

 

This article was first published by People Management in September 2022 here.

Associated sectors / services

  • Employment law for employees
  • Employment law for employers

Authors

Need some more information? Make an enquiry below.

    Subscribe

    Please add your details and your areas of interest below

    Specialist sectors:

    Legal services:

    Other information:

    Jurisdictions of interest to you (other than UK):

    Article contributor

    Enjoy reading our articles? why not subscribe to notifications so you’ll never miss one?

    Subscribe to our articles

    Message us on WhatsApp (calling not available)

    Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.

    I accept Close

    Close
    Scroll up

    Find out about Business

    Find out about Dispute Resolution

    Find out about Individuals & Families

    Find out about Real Estate

    We are Collyer Bristow - The law firm for those that
    value individuality, creativity and collaboration.

    Legal & Pricing info Regulatory InformationAccessibilitySitemapPricing and service information

    Read our latest news: Tribute to our Partner, Tim Bamford

    Listen to our latest podcast: Take it on trust (Part 2)

    See our latest event: CB HigHer event: ‘Beyond the glass ceiling – Women staying at the top’

    Read our latest article: Supreme Court rules UK trade union law is ‘incompatible’ with human rights

    Listen to our latest podcast: Unveiling APP Fraud: Exploring the Barclays Quincecare Case

    ExpandNeed some help?Toggle

    < Back to menu

    I have an issue and need your help

    Scroll to see our A-Z list of expertise

    Get in touch

    Get in touch using our form below.



      Business Close
      Private Wealth Close
      Hot Topics Close