What about ‘risque secret santa gifts’ or making sexual jokes, is this sexual harassment?
• As a general rule it is best to avoid making sexual jokes at work or in a work setting. • It needs to be borne in mind that what one person finds funny another person may not. If jokes have a sexual character, some people may find the jokes offensive and would have grounds to make a complaint of sexual harassment. • Also, if the person making the jokes is not intending to sexually harass anybody, it can still be sexual harassment. Are organisations responsible for the behaviour of their employees at work Christmas parties? • If they are work Christmas parties organised by the organisation, then yes they are. • Organisations are required to take reasonable steps to ensure that their employees do not engage in discrimination. A failure to take reasonable steps can expose organisations to a complaint of discrimination. • Reasonable steps can include training staff and making them aware of their obligations not to discriminate against other staff, and developing policies and procedures f
